P.R. Laws tit. 10, § 4087

2019-02-20 00:00:00+00
§ 4087. Provisions concerning written documentation; presentation of documents

(a) If the parties have agreed to conduct a specific transaction by electronic means, and a law requires that the information provided, sent or delivered to any person be in writing, such requirement shall be met if the information is provided, sent or delivered in an electronic document that may be retained by the recipient of the information at the time of the receipt thereof. An electronic document shall not be capable of retention if the sender or the information processing system inhibits the recipient from printing or storing the electronic document.

(b) If any other law requires that a document be (i) published or displayed in a certain manner; (ii) sent, communicated or transmitted using a specific method, or (iii) that it contain information organized in a specific format, the following rules shall apply:

(1) The document shall be published or displayed as required by the law in question.

(2) Except as provided in subsection (d)(2) of this section, the document shall be sent, communicated or transmitted as required by the law in question.

(3) The document shall contain the information in the format required by the law in question.

(c) If the sender of the electronic document prevents the recipient from printing or storing the file, the electronic document shall not be binding for the recipient.

(d) The requirements of this section shall not be varied by agreement, except:

(1) To the extent that any other law requires that any specific information be provided, sent or delivered in writing, but allows the variation by agreement of said requirement between the parties, the requirement under subsection (a) of this section stating that the information shall be in electronic documents that may be retained by the recipient may also be varied by agreement of the parties, and

(2) a requirement of any other law indicating that any specific document shall be sent by regular mail, certified mail, or any other method, may be varied by agreement of the parties in the same manner as permitted by said law.

History —Aug. 8, 2006, No. 148, § 8.