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E-Commerce Contract Laws

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    History

    • Even as it expands, e-commerce maintains roots in traditional contract law, but new forms of commercial transactions are giving way to new forms of contracts.

    Types

    • A contract can take place completely online as in a click-wrap agreement in which parties visit a website and click on a box to agree with the terms of a contract and create an enforceable legal agreement.

    Features

    • Despite the different arena, traditional contract law principles still prevail in e-commerce contracts in that the parties to the contract must agree to the terms and expectations specified in the contract.

    Considerations

    • Unique legal challenges arise from the nature of e-commerce online. Some of these include securing and maintaining a company's domain name, which is essentially an online brand name, and protecting a company's intellectual property.

    Warning

    • E-commerce exposes the private data of clients to substantial risks, prompting the proposal of new laws to protect the privacy and security of online customers. Some issues involved include obligations to notify clients when a company discovers that personal information has been stolen, and the legality of selling customer information, such as email addresses, to third parties.

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