Hong KongElectronic Transactions Ordinance, section 18, an electronic record sent automatically by an information system programmed by or for the originator is the originator's
Electronic Transactions Ordinance (Cap. 553), s. 18
In force since .
An AI liability rule binding public and private bodies.
As of .
What it requires
- Treat an electronic record that an information system programmed by you or on your behalf sends automatically as your own record as originator, unless you and the addressee have agreed otherwise (s. 18(1)(c)).
- Do not read the attribution rule as changing the law of agency or the law on the formation of contracts, which it leaves as they stand (s. 18(2)).
These lines are LexLint's reading of the law's text, as of .
What this law does
Section 18(1) of the Electronic Transactions Ordinance provides that, unless the originator and the addressee of an electronic record have agreed otherwise, the record is that of the originator if it was sent by the originator, sent with the originator's authority, or sent by an information system programmed by or on behalf of the originator to operate and to send the electronic record automatically.
Section 18(2) provides that nothing in subsection (1) affects the law of agency or the law on the formation of contracts.
When LexLint raises it
When your app profile says your app deploys a chatbot or sends automated outreach.