Singapore legislation
Section 13
Section 13
Attribution
(1)
An electronic record is that of the originator if it was sent by the originator himself.
(2)
As between the originator and the addressee, an electronic record is deemed to be that of the originator if it was sent —
by a person who had the authority to act on behalf of the originator in respect of that electronic record; or
by an information system programmed by or on behalf of the originator to operate automatically.
(3)
As between the originator and the addressee, an addressee is entitled to regard an electronic record as being that of the originator and to act on that assumption if —
in order to ascertain whether the electronic record was that of the originator, the addressee properly applied a procedure previously agreed to by the originator for that purpose; or
the data message as received by the addressee resulted from the actions of a person whose relationship with the originator or with any agent of the originator enabled that person to gain access to a method used by the originator to identify electronic records as its own.
(4)
Subsection (3) shall not apply —
from the time when the addressee has both received notice from the originator that the electronic record is not that of the originator, and had reasonable time to act accordingly;
in a case within subsection (3)(b), at any time when the addressee knew or ought to have known, had it exercised reasonable care or used any agreed procedure, that the electronic record was not that of the originator; or
if, in all the circumstances of the case, it is unconscionable for the addressee to regard the electronic record as being that of the originator or to act on that assumption.
(5)
Where an electronic record is that of the originator or is deemed to be that of the originator, or the addressee is entitled to act on that assumption, then, as between the originator and the addressee, the addressee is entitled to regard the electronic record received as being what the originator intended to send, and to act on that assumption.
(6)
The addressee is not so entitled when the addressee knew or should have known, had the addressee exercised reasonable care or used any agreed procedure, that the transmission resulted in any error in the electronic record as received.
(7)
The addressee is entitled to regard each electronic record received as a separate electronic record and to act on that assumption, except to the extent that the addressee duplicates another electronic record and the addressee knew or should have known, had the addressee exercised reasonable care or used any agreed procedure, that the electronic record was a duplicate.
(8)
Nothing in this section shall affect the law of agency or the law on the formation of contracts.