NATURE OF ELECTRONIC COMMUNICATION EFFECTIVENESS OF THE INCORPORATION OF TERMS AND THE VALIDITY OF ELECTRONIC SIGNATURES IN THE LIGHT OF UK AND EU LAW

Аннотация

In the first part, this article analyzes which kind of rules should be applied to electronic communications. It compares advantages and disadvantages of postal and acceptance rules. Then introduces the most appropriate rule for electronic communication. In the second part, the effectiveness incorporation of terms of electronic contracts will be analyzed in the light of UK and EU law. The definition of “durable medium” and UK’s position will be compared with the current legislation of EU. At the end, it discusses the validity of electronic signature in the light of EU and UK law. KEYWORDS Electronic commerce, postal rule, acceptance rule, incorporation of terms, “durable medium”, confirmation of acceptance, digital content contracts, electronic signature.