Law of electronic commercial transactions : contemporary issues in the EU, US and China / Faye Fangfei Wang.
2014
K1005 .W35 2014 (Map It)
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Details
Author
Title
Law of electronic commercial transactions : contemporary issues in the EU, US and China / Faye Fangfei Wang.
Published
London : Routledge, 2014.
Call Number
K1005 .W35 2014
Edition
Second edition.
ISBN
9780415829717 (hardback)
0415829712 (hardback)
9780415832243 (pbk)
0415832241 (pbk)
9780203628812 (ebk)
0203628810 (ebk)
0415829712 (hardback)
9780415832243 (pbk)
0415832241 (pbk)
9780203628812 (ebk)
0203628810 (ebk)
Description
xvii, 356 pages ; 24 cm.
System Control No.
(OCoLC)839397054
Summary
"Law of Electronic Commercial Transactions clearly highlights and analyses the main legal obstacles to the establishment of trust and confidence in doing business online. The book compares the legislative frameworks of e-commerce in the EU, US, China and International Organisations. It sets out solutions to modernise and harmonise laws at the national, regional and international levels in response to the current technological developments. The second edition of this book has been fully updated taking into account both the changes in the use of technologies and developments in the law. The new edition provides information on the key legal challenges caused by the increasing popularity of cloud computing, particularly relating to data protection and jurisdiction, and considers how greater legal certainty can be achieved in cloud computing service contracts. The growth in use of automated computing systems to issue international contracts of sale is addressed in terms of what this may mean for the purpose of determining jurisdiction and existing conflict of law rules.The book discusses the recent UNCITRAL ODR Procedural Rules and explores how best to ensure consumer redress in cross-border e-commerce transactions by looking into the detail of the recent Proposal for a Regulation on Online Dispute Resolution for Consumer Protection in the EU. The parts of the book dealing with Internet security and data protection has been expanded taking into account the Proposal of Data Protection Regulation in the EU and explore the conditions of constituting valid consent for processing personal data under the current EU legal framework compared with China and the US.Law of Electronic Commercial Transactions is a clear and up to date account of a fast-moving area of study and as such will be great value to undergraduate and postgraduate students, practitioners and scholars in law and computing"-- Provided by publisher.
"In its second edition, this book 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. The new edition of this book has been fully updated to take into account changes in both the use of technologies and recent legal developments. It specifically provides information on the key legal challenges caused by the increasing popularity of cloud computing and its relation to data protection and jurisdiction, and considers how greater legal certainty can be achieved in cloud computing service contracts. The book also discusses the recent UNCITRAL ODR Procedural Rules and explores how best to ensure consumer redress in cross-border e-commerce transactions, by examining the recent Proposal for a Regulation on Online Dispute Resolution for Consumer Protection in the EU. The second edition of Law of Electronic Commercial Transactions is a clear and up to date account of a fast-moving area of study and will be of great value to undergraduate and postgraduate students, practitioners and scholars in law and computing"-- Provided by publisher.
"In its second edition, this book 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. The new edition of this book has been fully updated to take into account changes in both the use of technologies and recent legal developments. It specifically provides information on the key legal challenges caused by the increasing popularity of cloud computing and its relation to data protection and jurisdiction, and considers how greater legal certainty can be achieved in cloud computing service contracts. The book also discusses the recent UNCITRAL ODR Procedural Rules and explores how best to ensure consumer redress in cross-border e-commerce transactions, by examining the recent Proposal for a Regulation on Online Dispute Resolution for Consumer Protection in the EU. The second edition of Law of Electronic Commercial Transactions is a clear and up to date account of a fast-moving area of study and will be of great value to undergraduate and postgraduate students, practitioners and scholars in law and computing"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Table of cases
ix
List of abbreviations
xv
pt. I
Introduction
1
1.
Introduction
3
1.1.
Law of electronic commercial transactions: purpose and structure of this book
3
1.2.
Key concepts and features
6
1.3.
Benefits: economic and social impacts
13
1.4.
Legal background to the rise of electronic commercial transactions
15
pt. II
Electronic Contracts
29
2.
What is an electronic contract?
35
2.1.
The definition of electronic contracting
35
2.2.
Features: e-mail v. clickwrap v. shrinkwrap
36
2.3.
The online contracting parties: who is contracting online?
40
3.
When is an electronic contract made?
44
3.1.
Dispatch and receipt of an electronic communication
44
3.2.
Offer and acceptance
49
4.
What are the terms and conditions?
66
4.1.
Availability of terms and conditions
67
4.2.
Incorporation of terms and conditions
73
5.
What are the vitiating factors?
79
5.1.
Error in electronic communications
79
5.2.
Example of the practical implications: Microsoft Outlook functions
88
5.3.
Example of regulatory harmonisation: European contract law
91
6.
Where is the contract made?
94
6.1.
Place of business
95
6.2.
Place of performance
97
7.
Contemporary issue: the electronic battle of the forms
100
7.1.
International legislation: CISG and the UNIDROIT Principles
103
7.2.
US legislation: UCC
104
7.3.
EU legislation: PECL
106
7.4.
Chinese legislation: China Contract Law
108
7.5.
Proposed solutions to the electronic battle of the forms
110
pt. II
Summary
113
pt. III
Online Security
117
8.
Electronic signatures and electronic authentication
119
8.1.
Electronic signatures
119
8.2.
Electronic authentication
138
9.
Data privacy protection: regulations
153
9.1.
Definition: data protection v. privacy protection
155
9.2.
Challenges of data privacy protection
159
9.3.
Current legal framework for data privacy protection
163
10.
Data privacy protection: practices and implementation
183
10.1.
Informed consent
183
10.2.
Data breach notification
188
10.3.
Effective enforcement mechanisms
199
11.
Liability of Internet service providers: implementation of the notice and takedown (NTD) procedure
207
11.1.
The role of Internet service providers
207
11.2.
Notice and action procedures in Europe
208
pt. III
Summary
218
pt. IV
Dispute Resolution
221
12.
Resolving electronic commercial disputes
223
12.1.
Internet jurisdiction
224
12.2.
Applicable law for Internet-related disputes
250
12.3.
Online dispute resolution
271
pt. IV
Summary
293
pt. V
The Future
295
13.
Conclusions and recommendations
297
13.1.
Future legislative trends in the EU, US and China
297
13.2.
Solutions to the obstacles in the law of electronic commercial transactions
300
APPENDICES
307
Appendix 1
United Nations Convention on the Use of Electronic Communications in International Contracts 2005
309
Appendix 2
Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), OJ L 165/1, 18 June 2013
320
Appendix 3
Law of People's Republic of China on the Laws Applicable to Foreign-related Civil Relations 2010
340
Index
347