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Contract and Commercial Law Act 2017

Electronic transactions - Application of legal requirements to electronic transactions - Preliminary provisions

220: Consent to use of electronic technology

You could also call this:

“You can choose whether or not to use electronic information”

You don’t have to use, give, or accept information in electronic form if you don’t want to. This is your choice.

If you do agree to use electronic information, you can set conditions about how it looks or how it’s sent, received, processed, stored, or shown. For example, you might say you only want to receive emails, not text messages.

Sometimes, people can tell you agree to use electronic information by the way you act. For instance, if you always reply to emails, people might think you’re okay with using email.

These rules are just to make things clear and avoid confusion.

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Part 4 Electronic transactions
Application of legal requirements to electronic transactions: Preliminary provisions

220Consent to use of electronic technology

  1. Nothing in this subpart requires a person to use, provide, or accept information in an electronic form without that person's consent.

  2. For the purposes of this subpart,—

  3. a person may consent to use, provide, or accept information in an electronic form subject to conditions regarding the form of the information or the means by which the information is produced, sent, received, processed, stored, or displayed:
    1. consent may be inferred from a person's conduct.

      1. Subsections (1) and (2)(a) are for the avoidance of doubt.

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