1. Following the example of the UN Model Law on Electronic Commerce, the UN E-Communications Convention [PDF] contains a provision on when electronic messages are received. They are received when they are capable of being retrieved by the addressee at an electronic address designated by the addressee. (Article 10) An electronic message is presumed to be capable of being retrieved by the addressee when it reaches the addressee’s electronic address.
The explanatory note to the Convention explains at para 180 that this presumption of retrievability may be rebutted, for example, if the security filters of the addressee’s system prevent the . . . [more]