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The last few centuries have seen paper-based documents and manuscript signatures dominate the way businesses enter into a contractual relationship with each other. With the advent of Internet, replacing paper-based contracts with B2B electronic contracts is a possibility. However, an appropriate technology and an enabling legislation are crucial for this change to happen. On the technology front this feature has the potential to enable business executives to sit in front of their computer and sign multi-million dollar deals by using their electronic signatures. On the legal front various pieces of legislation have been enacted and policies developed at both national and international levels to give legal recognition to such type of contracts. This book presents the findings of an empirical study on large public listed Australian companies that examined businesses’ perception towards the use of electronic signatures in B2B contracts. Essentially, it identifies six key factors that create a disincentive to businesses to move from the practice of paper- based signatures to the new technology of electronic signatures. This book offers legal practitioners, academics and businesses insights into issues associated with the use of electronic signatures and suggests a number of measures to promote its usage in B2B contracts.
This book discusses how technological innovations have affected the resolution of disputes arising from electronic commerce in the European Union, UK and China. Online dispute resolution (ODR) is a form of alternative dispute resolution in which information technology is used to establish a process that is more effective and conducive to resolving the specific types of dispute for which it was created. This book focuses on out-of-court ODR and the resolution of disputes in the field of electronic commerce. It explores the potential of ODR in this specific e-commerce context and investigates whether the current use of ODR is in line with the principles of access to justice and procedural fairness. Moreover, it examines the major concerns surrounding the development of ODR, e.g. the extent to which electronic ADR agreements are recognized by national courts in cross-border e-commerce transactions, how procedural justice is ensured in ODR proceedings, and whether ODR outcomes can be effectively enforced. To this end, the book assesses the current and potential role of ODR in resolving e-commerce disputes, identifies the legal framework for and legal barriers to the development of ODR, and makes recommendations as to the direction in which practice and the current legal framework should evolve. In closing, the book draws on the latest legislation in the field of e-commerce law and dispute resolution in order to make recommendations for future ODR design, such as the EU Platform-to-Business Regulation on Promoting Fairness and Transparency for Business Users of Online Intermediation Services (2019) and the United Nations Convention on International Settlement Agreements Resulting from Mediation (2018), which provide the legal basis for ODR’s future development.
Social Media and Electronic Commerce Law investigates the challenges facing legal practitioners and commercial parties in this dynamic field.
This book provides an up-to-date overview of the legal framework for doing business in China. It covers topics such as state structure, legislation, the court system, the legal profession, business entities, foreign investment enterprises, contracts, intellectual property, labour and employment law, consumer protection, taxation, securities, and dispute resolution.
As the use of technology has considerably increased in B2B e-commerce, it becomes imperative to address the issues of trust that emerge in the context of technology. Trust and Technology in B2B E-Commerce: Practices and Strategies for Assurance focuses on various trust issues that emerge from deployment of various e-commerce technologies in interorganizational relationships. Some of these issues relate to security, privacy, authentication, non-repudiation, quality of Web interface, system performance, infrastructure, and environmental factors. This book contributes to the ongoing process of developing a framework for understanding the process of building trust in B2B e-commerce.
Compares the legislative frameworks in the EU, US, China and International Organisations applicable to e-commerce and highlights the main legal obstacles to the development of electronic contracts and signatures, as well as Internet jurisdiction and online dispute resolutions.
Although the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is one of the most successful international conventions to date, it remains the case that those involved in the international sale of goods must refer to a multitude of laws. Indeed the CISG itself does not cover all issues relating to international sales contracts, so it must necessarily be supplemented by domestic law. Global Sales and Contract Law provides a truly comparative analysis of domestic laws in over sixty countries so as to deliver a global view of domestic and international sales law. The book reports on the real practice of sales law, taking into account present day problems. Complex questions on the obligations under a sales contract, the ways in which these are established, as well as the remedies following the breach of obligations, are all discussed. By addressing regional uniform projects, like OHADA, and comparing differences in domestic legal approach where the CISG would not apply, the work goes beyond existing commentaries which tend to focus only on the CISG. The analysis has been based on an unprecedented survey drawn from the world's top fifty companies as well as international traders, lawyers advising international traders, arbitral institutions, arbitrators, and law schools. This work encompasses all aspects of a sale of goods transaction and takes a wide view of sale by including general contract law. The book gives practitioners invaluable insight into judicial trends and possible solutions in different legal systems, whether preparing for litigation or drafting an international contract. Global Sales and Contract Law is the most comprehensive and thorough compilation of legal analysis in the field of the sale of goods and is a reliable source for any practitioner dealing in international commerce.
The first single-source reference covering the state of the art in grid and utility computing economy research This book presents the first integrated, single-source reference on market-oriented grid and utility computing. Divided into four main parts—and with contributions from a panel of experts in the field—it systematically and carefully explores: Foundations—presents the fundamental concepts of market-oriented computing and the issues and challenges in allocating resources in a decentralized computing environment. Business models—covers business models for service providers and brokers supporting different types of distributed applications, as well as business rules-based models for managing virtual organizations and accounting operations and services in grid computing environments. Policies and agreements—introduces policies, agreements, and specifications for the negotiation and establishment of contracts between providers and consumers. It also covers different approaches for resource allocation based on service-level agreements (SLAs) and management of risks associated with SLA violations. Resource allocation and scheduling mechanisms—covers economic models, such as commodity models, reciprocation, auctions, and game theory, and middleware technologies, such as Nimrod/G and Gridbus, for market-oriented grid computing and utility-oriented resource allocation. This book expertly captures the state of the art in the field while also identifying potential research directions and technologies that will facilitate the creation of global commercial grid and utility computing systems. It is an indispensable reference for systems architects, practitioners, developers, new researchers, and graduate students.
In order to ensure a consistent and high level of protection of the rights and freedoms of natural persons with regard to the processing of such data and to remove the obstacles to flows of personal data in all Member States of the EU, the “General Data Protection Regulation (GDPR)” was adopted in 2016. Today, the GDPR is the main legislation in the EU for the protection of personal data of the natural persons. Due to the increased value of personal data in EU Member States, the objective of the GDPR is to provide high level protection of the data while harmonizing data protection within the EU. Even though it aims at a high level of data protection, it is questionable whether it actually achieves this objective. Since the natural persons provide their personal data on Internet frequently in order to purchase a product, the protection of consumers’ personal data is a significant matter in practice. In order to throw light on this matter, this thesis inquires the protection of consumers’ data in the EU regarding electronic contracts with businesses. Within the context, the main point that is discussed in this work is whether the personal data protection provided under the GDPR is sufficient to protect consumers' data regarding electronic contracts with businesses and some possible solutions and proposals to reduce the deficiencies of the GDPR protection.