Download or read book Harmonizing Digital Contract Law written by Alberto De Franceschi and published by Nomos/Hart. This book was released on 2023-12-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the impact of the implementation of EU Directives 2019/770 (DCD) and 2019/771 (SGD) in the EU Member States. Taking a country report approach, each contribution pays specific attention to the systematic implications (e.g. the relationship with the law of obligations and contracts, intellectual property law and data protection law), to the influence on the formation of concepts and terms in the national law. In addition, the author of each country report investigates the use of the options which the EU legislator left in the discretion of national legislators (e.g. Art. 12 SGD). Finally, the book explores any voluntary extended implementation of the contents of the directives. It offers a complete guide to DCD and SGD and their implementation across the EU.
Download or read book Harmonizing Digital Contract Law written by Alberto De Franceschi and published by . This book was released on 2023-07-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Harmonizing Digital Contract Law written by Alberto De Franceschi and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Harmonising Digital Law" has become a crucial task for European and national legislation in view of the challenges of the "digital revolution" for the European Union and for its Member States. The implementation of the 2019 "Twin Directives" on the sale of goods and the supply of digital content and services represents one of the most important steps on this path so far. In addition to the harmonization of Member State law, the emergence of a uniform law of the EU is becoming more and more important with regard to the challenges of digitization, as recently shown in particular by the Internet Platform Regulations. In view of these changes at European and national level, 40 legal scholars from all EU Member States examine in this volume the impact of European legislation on the development of private law in Europe on the basis of common questions. A number of other contributions analyse the overarching features of harmonization, the contours and effects of legal unification with regard to the Internet Platform Regulations, Smart Contracts and the further perspectives of EU legislation in face of digital and sustainability challenges.
Download or read book Law of Electronic Commercial Transactions written by Faye Fangfei Wang and published by Routledge. This book was released on 2014-01-10 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development of new technologies places new challenges to the interpretation and implementation of legislation in the information society. The recent deployment of service-oriented computing and cloud computing for online commercial activities has urged countries to amend existing legislation and launch new regulations. With the exponential growth of international electronic commercial transactions, a consistent global standard of regulating the legal effects of electronic communications, the protection of data privacy security and the effectiveness of Internet-related dispute resolution are motivating factors to build users’ trust and confidence in conducting cross-border business and their sharing information online. The second edition of this book continues taking a ‘solutions to obstacles’ approach and analyses the main legal obstacles to the establishment of trust and confidence in undertaking business online. In comparing the legislative frameworks of e-commerce in the EU, US, China and International Organisations, the book sets out solutions to modernise and harmonise laws at the national, regional and international levels in response to current technological developments. It specifically provides information on the key legal challenges caused by the increasing popularity of service-oriented computing and cloud computing as well as the growing number of cross-border transactions and its relation to data privacy protection, Internet jurisdiction, choice of law and online dispute resolution. It considers how greater legal certainty can be achieved in cloud computing service contracts and other agreements resulted in service-oriented computing. The second edition of Law of Electronic Commercial Transactions is a clear and up to date account of a fast-moving area of study. It will be of great value to legislators, politicians, practitioners, scholars, businesses, individuals, postgraduate and undergraduate students. It provides in-depth research into finding solutions to remove eight generic legal obstacles in electronic commercial transactions and offers insights into policy making, law reforms, regulatory developments and self-protection awareness.
Download or read book Online Contract Formation written by N. Stephan Kinsella and published by . This book was released on 2004 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique one-volume monograph offers commentary on the contract law of twenty key jurisdictions as it applies to online business. The text provides legal counsel and businesspeople with practical information about electronic transactions and contract formation, as well as a description of the country's general legal framework and an overview of the country's scheme of online business regulation. Features in-depth analysis of key practice issues - General principles of contract law - E-commerce legislation in force - Electronic transactions - Effective formation of online contracts (e-contracts) - When and how an offer is made to create an online contract - When and where an online contract is formed - Shrinkwrap and clickwrap issues - Digital signatures - Evidentiary issues - "Self-help" issues - Special provisions to include in online contracts - Legislation governing online contracts In addition to the country coverage, Online Contract Formation includes a wealth of supplementary material: sample agreements and forms, topical contract-related commentary, and source documents. Sample Forms/Agreements, including: - Checklist including tips on how to make your online agreement more enforceable - Sample click-through agreement for purchasing goods over the Internet - Sample clauses for arbitration agreements with respect to both consumer and commercial transactions - Sample terms and conditions for a website - Website development agreement - Links agreement Sample commentary, including: - Glossary of online business terms - Jurisdictional Issues in International E-Commerce Contracts - Effective Formation of Contracts by Electronic Means, and Dispute Resolution in the New E-conomy: Still More Questions than Answers Key sources/documents include: - (US) Electronic Signatures Act (ESIGA) - Uniform Electronic Commerce Act (Canada) - Canada's Uniform Law Conference of Canada Uniform Electronic Commerce Act - UNCITRAL Draft Uniform Rules on Electronic Signatures.
Download or read book Legal Issues of Digitalisation Robotization and Cyber Security in the Light of EU Law written by Nadežda Šišková and published by Kluwer Law International B.V.. This book was released on 2024-07-15 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Issues of Digitalisation, Robotization and Cyber Security in the Light of EU Law By Nadežda Šišková, (ed.) The current extremely rapid and dynamic development of modern technologies and the unprecedented degree of their integration into the everyday life of every person are radically changing the previous modus vivendi in the society. The emergence of the Internet and the continuous development of digital technologies have brought into fore a number of new legal problems and issues that require a timely solution and proper and effective legal regulation by the EU as one of the leading regulators of the digital world. The technological developments have opened a new “window” to the borderless world of the Internet, giving a person an opportunity to exercise his/her fundamental rights at a new and unprecedented level. This unique book thus presents the key information and solves the related problems concerning the legal regulation of the usage of modern technologies in everyday life. The book is conceived in a form of a collective monograph prepared by an international team of renowned researchers from famous European Universities (Heidelberg University, Palacky University in Olomouc, Tallinn University of Technology, Comenius University in Bratislava and Shevchenko University in Kyiv) and scientific legal societies as well as top-level experts from practice. This team is representing the countries with the highest level of integration of modern technologies (Estonia, Germany, Czech Republic, Slovakia) or has a unique experience with provision of cyber security in the extreme conditions. The book creates a main output from the research project with the title “The EU and the Challenges of Modern Society (legal issues of digitalization, robotization, cyber security and prevention of hybrid threats)” granted by the EACEA in the category of Jean Monnet network. The publication of the book is supported by the financial subsidy in the amount of 3 000 Euro, sent by Palacky University to the Publisher (Intersentia). Topics that the authors focus on: - The European approach to the right to Internet access - Artificial Intelligence and the Challenges for the Theory of Human Rights - GDPR and the Right to Personal Data and Privacy in a Modern Society - Consumer Protection in the on-line World Future challenges in consumer protection - Competition Law in a Digital Economy - EU Regulation of On-line Platforms - Pricing Algorithms and Anticompetitive Agreements - EU legal framework of software security vulnerabilities - New Cybersecurity Rules for Markets in Crypto-Assets in the EU Law The primarily readers/users are: - legal experts in European law - legal researchers and scientific societies dealing with EU matters, - IT specialists, - personal data specialists, - scholars and students in European countries and America (UK, USA, EU and candidate countries, etc.). - compulsary source for students the Palacky University (Czech Republic), Heidelberg University (Germany), Talin Techinic University (Estonia), Comenius University in Bratislava (Slovakia), Kyiv Shevchenko University (Ukraine) Benefits: - the analysis of the most important and thorny legal issues of the process digitalisation, robotization and providing of cyber security - the proposals de lege ferenda concerning the optimal ways of legal regulation of the mentioned process Great number of key legislative acts were adopted at the level of the EU. The conclusions will summarise the key ideas of the authors and the proposals de lege ferenda concerning the whole text. The same refers to the preface, which will be prepared by the Vice-President of the European Commission Vera Jourová (responsible for Values and Transparency) which will relate to the whole text.
Download or read book Contracting and Contract Law in the Age of Artificial Intelligence written by Martin Ebers and published by Bloomsbury Publishing. This book was released on 2022-06-30 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides original, diverse, and timely insights into the nature, scope, and implications of Artificial Intelligence (AI), especially machine learning and natural language processing, in relation to contracting practices and contract law. The chapters feature unique, critical, and in-depth analysis of a range of topical issues, including how the use of AI in contracting affects key principles of contract law (from formation to remedies), the implications for autonomy, consent, and information asymmetries in contracting, and how AI is shaping contracting practices and the laws relating to specific types of contracts and sectors. The contributors represent an interdisciplinary team of lawyers, computer scientists, economists, political scientists, and linguists from academia, legal practice, policy, and the technology sector. The chapters not only engage with salient theories from different disciplines, but also examine current and potential real-world applications and implications of AI in contracting and explore feasible legal, policy, and technological responses to address the challenges presented by AI in this field. The book covers major common and civil law jurisdictions, including the EU, Italy, Germany, UK, US, and China. It should be read by anyone interested in the complex and fast-evolving relationship between AI, contract law, and related areas of law such as business, commercial, consumer, competition, and data protection laws.
Download or read book Digital Technologies and the Law of Obligations written by Zvonimir Slakoper and published by Routledge. This book was released on 2021-09-30 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Digital Technologies and the Law of Obligations critically examines the emergence of new digital technologies and the challenges they pose to the traditional law of obligations, and discusses the extent to which existing contract and tort law rules and doctrines are equipped to meet these new challenges. This book covers various contract and tort law issues raised by emerging technologies – including distributed ledger technology, blockchain-based smart contracts, and artificial intelligence – as well as by the evolution of the internet into a participative web fuelled by user-generated content, and by the rise of the modern-day collaborative economy facilitated by digital technologies. Chapters address these topics from the perspective of both the common law and the civil law tradition. While mostly focused on the current state of affairs and recent debates and initiatives within the European Union regulatory framework, contributors also discuss the central themes from the perspective of the national law of obligations, examining the adaptability of existing legal doctrines to contemporary challenges, addressing the occasional legislative attempts to deal with the private law aspects of these challenges, and pointing to issues where legislative interventions would be most welcomed. Case studies are drawn from the United States, Singapore, and other parts of the common law world. Digital Technologies and the Law of Obligations will be of interest to legal scholars and researchers in the fields of contract law, tort law, and digital law, as well as to legal practitioners and members of law reform bodies.
Download or read book Every1 s Guide to Electronic Contracts written by Charles Martin and published by . This book was released on 2014-01-08 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: Charles Martin became frustrated with one-sided and confusing contracts offered by companies on websites and in emails. After years of practicing contract law, and of teaching and writing about electronic contracts, he decided to write a book for consumers, employees and businesses about those contracts. Every1's Guide shows consumers and businesses how to protect themselves against unfair contract terms, and against non-compliance with contract and legal and regulatory requirements. It has 400 pages of examples of contract law rules in the context of everyday transactions, business deals, and website, email and text message contracts. It describes contracts that have been enforced by courts, contracts that have not been enforced, and the reasons for those decisions. It includes 700 footnotes of sources for these rules that are available for further research. Every1's Guide includes sample print and electronic contracts, with hyperlinks between the contract text and the legal rules described in the ebook. It includes examples of consumer, business, and international contract disputes, with internal hyperlinks, and with a description of some practical lessons to be learned from these examples. Every1's Guide provides valuable information for consumers, businesses, professionals and students about U.S. contract law rules, including electronic signatures and contracts. It summarizes international commercial contract law rules. It describes the current and emerging law of international electronic contracts and consumer dispute resolution. Some contracts are negotiable. Many are not. If you are offered a negotiable contract, Every1's Guide will help you to understand how to negotiate it. If you are offered a non-negotiable contract, Every1's Guide will show you many of its important terms, and will describe how contract law rules require the presentation, performance and enforcement of contracts to be done fairly and in good faith.
Download or read book Electronic Contracts 2nd Edition written by S. Blount and published by . This book was released on 2015-07-28 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In this new edition, Dr Blount continues his scholarly and very valuable contribution to this emerging area of the law. The significance of a text like this, that synthesises the law and categorises issues that arise in an area vital to our daily lives, cannot be understated. From the foreword to the first editon by In his forward to the book, the Honourable Justice Steven Rares J. This book identifies issues of contract law that are uniquely problematic for electronic contracts, such as whether clicking an oÂeÂ~I agreeoÂeÂ(tm) box is really an acceptance of the terms of a contract, whether acceptance of an offer by email or text message attracts the postal acceptance rule, whether notice of terms can be given by hyperlink, and whether a term of oÂeÂ~fit for purposeoÂeÂ(tm) can be implied at common law for the download of software. In addition to considering the when, where and how of electronic contract formation and the incorporation and vitiation of webpage terms, the book analyses a large number of important common law appellate and superior court decisions to predict the likely law of electronic contracts for all common law jurisdictions, including Australia. Expanded to cover the new developments in this area this second edition includes a new chapter on international conventions and model laws. This book will be of immeasurable assistance to legal practitioners litigating and drafting electronic contracts, as well as to practitioners, academics, and students interested in the legal problems arising from the new information technologies. Features oÂeo Detailed and scholarly coverage of the topic oÂeo Applies a comparative approach oÂeo Author considers over 150 common law electronic contract cases at appellate level Related Titles Seddon and Ellinghaus, Cheshire and FifootoÂeÂ(tm)s Law of Contract, 10th ed 2012 George et al, Social Media and the Law, 2014
Download or read book The Practical Importance of Harmonization of Commercial Contract Law written by Jan M. Smits and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Digital Revolution written by iner Schulze and published by Nomos Verlagsgesellschaft. This book was released on 2016 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: The creation of a single digital single market is one of the key objectives of the European Commission. The included essays deal with the challenges for European contract law in the areas of 3D printing, a sharing economy, and the Internet of Things. The proliferation of digital products, particularly the Internet of Things, and the sharing economy cause new challenges for legislators. The information included here covers the impact on contractual obligations, the effects of the contractual and non-contractual liability, as well as the notion of 'consumer apart'--
Download or read book Harmonizing Intellectual Property Law for a Trans Atlantic Knowledge Economy written by and published by BRILL. This book was released on 2024-05-02 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gathers and builds on research into distinct national and regional traditions in regulating innovation. It is an early attempt at a comprehensive legal history of the uneven trans-Atlantic harmonization of IP law. Authors explore harmonization as a legal mandate and a progressive ideal, and imagine areas in which coherent regulatory webs could build a more vibrant trans-Atlantic knowledge economy.
Download or read book Smart Legal Contracts written by Jason Allen and published by Oxford University Press. This book was released on 2022-04-04 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Smart Legal Contracts: Computable Law in Theory and Practice is a landmark investigation into one of the most important trends at the interface of law and technology: the effort to harness emerging digital technologies to change the way that parties form and perform contracts. While developments in distributed ledger technology have brought the topic of 'smart contracts' into the mainstream of legal attention, this volume takes a broader approach to ask how computers can be used in the contracting process. This book assesses how contractual promises are expressed in software and how code-based artefacts can be incorporated within more conventional legal structures. With incisive contributions from members of the judiciary, legal scholars, practitioners, and computer scientists, this book sets out to frame the borders of an emerging area of law and start a more productive dialogue between the various disciplines involved in the evolution of contracts as software. It provides the first step towards a more disciplined approach to computational contracts that avoids the techno-legal ambiguities of 'smart contracts' and reveals an emerging taxonomy of approaches to encoding contracts in whole or in part. Conceived and written during a time when major legal systems began to engage with the advent of contracts in computable form, and aimed at a fundamental level of enquiry, this collection will provide essential insight into future trends and will provide a point of orientation for future scholarship and innovation.
Download or read book Harmonization of Contract Law and Its Impacts on Chinas Contract Law written by Zhang Yuejiao and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Agreements on Smart Contract Platforms in European Systems of Private Law written by Jasper Verstappen and published by Springer Nature. This book was released on 2023-06-23 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Blockchains and smart contracts are emerging technologies that pose unique challenges for legal systems. This book outlines the extent to which these new and innovative technologies could have potentially disruptive effects on contract law in Europe. It does so through a comparative, three-part analysis of the recognisability and effects of smart contracts in European legal systems. First of all, in light of the technologies’ transboundary nature, the book employs a comparative approach, considering French law, German law, English law, and Dutch law to analyse the impact on the different systems of contract law. While doing so, it also addresses the formation, interpretation, and vitiation of contracts. Secondly, it analyses the impact of these technologies on European laws regarding unfair terms in consumer contracts and argues that the existing rules should be applied to smart legal agreements in business-to-consumer relations. Lastly, it analyses the current European rules of private international law on the basis of which jurisdiction and applicable law are developed. In this respect, the book concludes that the vast majority of these European rules are “smart contract-proof”.
Download or read book Promoting Confidence in Electronic Commerce written by and published by . This book was released on 2009 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication analyses the main legal issues arising out of the use of electronic signatures and authentication methods in international transactions. It provides an overview of methods used for electronic signature and authentication and their legal treatment in various jurisdictions. The study considers the use of these methods in international transactions and identifies the main legal issues related to cross-border recognition of such methods, with a special attention to international use of digital signatures under a Public Key Infrastructure.
