Using Email for Serving Notices

Monday, 21 January 2008

The Electronic Transactions Act (Qld) 2001 is intended to facilitate electronic transactions and communication.  The Act accepts that requirements to five information in writing, serve notices, provide a signature, record a document or keep information can be done electronically.

Here are some key points:-
Electronic information is validly given  if, at the time it was given, it was reasonable to expect that it would be accessible for subsequent reference AND the recipient consents to receiving information electronically.

Where a signature for a document is required, the message must use "a method" to identify the signatory AND the recipient must consent to the method.

ACTION:   Include a statement, similar to the following in all of your quotations, purchase orders, contracts and agreements:
 "The parties to this agreement consent to giving and receiving information by electronic communication in accordance with the Electronic Transactions (Qld) Act 2001.  If a transaction includes he name of the sender and is sent from (one or more of) the senders usual electronic mailboxes or addresses, it will  satisfy  the requirements for signature of the Act."

OR for general email:
"The sender of this email consents to receiving information by electronic communication in accordance with the Electronic Transactions (Qld) Act 2001.  Unless the recipient of this email notifies the sender by return email or other written communication, within 24 hours of receiving this communication, that is does not consent to electronic communication, then It is agreed between the parties that the recipient consents to service of the information contained herein, in accordance with the Electronic Transactions (Qld) Act 2001].  The requirement for signature is satisfied by sending the email from one or more of the sender's usual mailboxes or addresses and by including the name of the sender on the email."

A transaction is effectively sent when it leaves your outbox.  It is received as soon as it is received by the recipients system, or if they have not set their system to receive electronic communications, as soon as it comes to the attention of the addressee.

You are required to keep electronic communications, with the details of when and by whom they were sent, for "a particular period".  Presumably this is the statutory period that you are required to keep other documents.  You must be able to produce the document, if required.

ACTION:  Keep a copy of important emails and other electronic transactions (SMS) in a folder on your mail system (Thunderbird; MacMail; MsExchange; Outlook Express) that does not automatically delete mail after a certain date.  You can set a folder to keep all mail.  BACKUP you mail regularly.  Every day is best, but at least once a week.  From time to time, ARCHIVE your mail to a hard media (CD, DVD, tape).

Nothing is watertight, but everything helps.  You can see a full copy of the Act if you search on The Electronic Transactions Act (Qld) 2001