2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 312 - Electronic Transactions Act (§§ 4081 — 4096) › § 4094 - Time and place of sending and receipt

(a) Except otherwise agreed between the sender and the recipient, it shall be understood that an electronic document has been sent when:
(1) It has been properly addressed to an information processing system designated by the recipient, or that the recipient uses to receive electronic documents or information of the type sent, and from which the recipient may store or retrieve the electronic document;
(2) it is in a form capable of being processed by such system, and
(3) it enters an information processing system that is outside the control and scope of the sender, or of the person who sent the electronic document on behalf of sender, or it is entered into a region of the information processing system designated or used by the recipient which is under the control of the recipient.
(b) Unless otherwise agreed between the sender and the recipient, an electronic document has been received when:
(1) It enters an information processing system that has been designated by the recipient or that the recipient uses to receive electronic documents or information of the type sent and through which the recipient is able to store or retrieve the electronic document, and
(2) it is in a form capable of being processed by such system.
(c) Subsection (b) of this section shall apply even if the information processing system is located in a place other than in which the electronic document is deemed to be received in accordance with subsection (d) of this section.
(d) Except as expressly provided in the document, or unless otherwise agreed on between the sender and the recipient, it shall be deemed that an electronic document was sent from the place of business of the sender to be received in the place of business of the recipient. For the purposes of this subsection, the following rules shall apply:
(1) If the sender or the recipient has more than one place of business, the place of business of said party shall be the one that is nearest in relation to the transaction that causes the electronic document to be sent.
[(2)] If the transaction is a consumer transaction, or if the sender or the recipient do not have a place of business, the place of business shall be the residence of the sender or of the recipient.
(e) An electronic document is considered to be received under subsection (b) of this section, even if no individual is aware of it being received.
(f) The receipt of an electronic acknowledgment from an information processing system of the type described in subsection (b) of this section shall establish that the electronic document was received, but, by itself it shall not establish that the content sent corresponds to the content received.
(g) If a person is aware that an electronic document that was allegedly sent in accordance with subsection (a) of this section, or received in accordance with subsection (b) of this section, was in fact neither sent or received, the legal effect of the sending or receipt shall be determined in accordance with other applicable laws. Except to the extent permitted by other applicable laws, the requirements of this subsection shall not be varied by agreement.
History —Aug. 8, 2006, No. 148, § 15.