When is an electronic communication considered received?

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An electronic communication is considered received when it enters a processing system that is accessible to the recipient. This definition focuses on the point at which the message becomes available to the intended recipient, regardless of whether they have actively acknowledged or opened the message.

In today’s digital age, communications can be sent and transmitted quickly, but they may not actually be received in a meaningful way until they reach the recipient's device or email system where it can be read or viewed. This ensures clarity regarding the timing of receipt, as it centers on the technical capability of the recipient to access the communication.

The alternative options suggest other criteria related to communication acknowledgment or response, which do not accurately define when a message is officially received in legal or practical terms. Acknowledgments from the sender or replies from the recipient do not indicate receipt; rather, they depend on subsequent actions that occur after the data has already entered the recipient's processing system.

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