eUCP Version 2.0: Article e12 Data Corruption of an Electronic Record


Data corruption is defined in sub-article e3 (b) (i). This article applies solely to electronic records and not to paper documents. 


This article allows an optional method by which data that has been corrupted, after having been received from the presenter, can be recovered.


The proposed approach is actually very straightforward and is a direct lift from the world of paper documents wherein it would not be at all unusual to request a substitute or re-presented document from the presenter. As with most actions under documentary credits, this should be handled without delay. 


A key benefit of this article is that it functions without the need to determine any possible fault or negligence and completely avoids any potential questions surrounding liability and the need for inherent proof. As a result, it balances the interests of all parties, whilst also assuring the obligation of the issuing bank by only imposing a minor additional duty on the presenter.  


It is important to note that the article only relates to the data corruption of an electronic record after receipt of the presentation. Issues relating to the electronic record prior to presentation remain the responsibility of the beneficiary. 


The provisions of this article are solely optional and parties are entirely at liberty to utilise or implement their own solutions to this issue. However, the content of this article is believed to reflect the optimal approach. 


Failure to replace data within 30 calendar days after a request has been made is judged to be a failure to present the electronic record. This is a consequence that could have serious implications for the beneficiary. The time period is considered to be reasonable for the actions that need to be completed and, as such, it is strongly recommended that the pre-requisite 30 days not be reduced. 



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