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.
Table of Contents
Part 1: Introduction 1. Introduction Part 2: Electronic Contracts: The Scenario of Electronic Contracting 2. What is an Electronic Contract? 3. When is an Electronic Contract Made? 4. Where is the Contract Made? 5. What are the Vitiating Factors? 6. Where is the Contract Made? 7. Contemporary Issue: Electronic Battle of Forms Part 3: Online Security 8. Electronic Signatures and Electronic Authentication 9. Data Privacy Protection: Regulations 10. Data Privacy Protection: Practices and Implementation 11. Liability of Internet Service Providers : Implementation of the Notice and Takedown Procedure Part 4: Dispute Resolutions 12. Resolving Electronic Commercial Disputes Part 5: The Future 13. Conclusions and Recommendations
Faye Fangfei Wang is a senior lecturer in Law at Brunel Law School, Brunel University (London), UK. She holds a PhD from the University of Southampton, a LLM from the University of Aberdeen, and a LLB and diploma in computer science and application from Guangdong University of Foreign Studies, China. She is the convenor of the Cyberlaw Section at the Society of Legal Scholars in the UK. She specialises in cyberlaw most particularly from the private law perspective, covering the topics of contract law, commercial law, private international law, online dispute resolution, privacy and data protection and digital IP Rights. She is also the author of the monograph: Internet Jurisdiction and Choice of Law, Cambridge University Press, 2010.