Electronic Communication – Have You Kept the Appropriate Records

The use of Email in particular has become a common practice for parties to electronic communication. Just because you have saved the email that you have sent, if it comes to litigation, have you kept the necessary records?

The Electronic Transactions Act (Qld) 2001 provides that you must keep, in electronic form –

• The origin of the e-communications;
• The destination of the e-communications;
• When the e-communication was sent;
• When the e-communication was received.

We find that people tend to dispute whether they have received a certain email, and when they received it. To make it easy for people to determine this, there are a few rules set out in the Electronic Transactions Act 2001. We have briefly summarised these for you. These rules will apply unless your contract says something different.

• The time of receipt of the electronic communication is the time the e-communications becomes capable of being retrieved by the addressee (that is the recipient) at an electronic address designated by the addressee; or
• The time of receipt of the electronic communication at another electronic address of the addressee is the time when both – The electronic communication has become capable of being retrieved by the addressee at that address and the addressee has become aware that the electronic communication has been sent to that address.

For more information refer to the Electronic Transactions Act (Qld) 2001 or speak to us.

Aylward Game Solicitors

Contact
United Service Club
Level 4, 183 Wickham Terrace, Brisbane QLD 4001

Free: 1800 217 217
Phone: 07 3236 0001
Fax: 07 3236 0005
Email: mail@aylwardgame.com.au