Law / Canada / British Columbia
Electronic Transactions Act, electronic contracts
In force since .
A contract terms of service (ToS) rule binding public and private bodies.
- Obligation class
- Contract terms
As of .
What it requires
- Treat terms you accept by touching or clicking on an appropriately designated icon or place on a computer screen, or by otherwise communicating electronically in a manner intended to express acceptance, as capable of forming a contract, unless the parties agree otherwise (s. 15 (1)).
- Do not assume that a contract is invalid or unenforceable solely because information or a record in electronic form was used in its formation (s. 15 (2)).
- Treat a contract formed by the interaction of an electronic agent and an individual, or by the interaction of electronic agents, as capable of binding the parties (s. 16).
- If your electronic agent deals with individuals, give them an opportunity to prevent or correct an error in an electronic record; where it does not, the record is invalid and unenforceable if the individual notifies you of the material error as soon as practicable, takes reasonable steps to return any consideration, and has used or received no material benefit from it (s. 17).
These lines are LexLint's reading of the law's text, as of .
What this law does
Unless the parties agree otherwise, an offer or the acceptance of an offer, or any other matter that is material to the formation or operation of a contract, may be expressed by means of information or a record in electronic form, or by an activity in electronic form, including touching or clicking on an appropriately designated icon or place on a computer screen.
A contract is not invalid or unenforceable solely by reason that information or a record in electronic form was used in its formation. A contract may be formed by the interaction of an electronic agent and an individual or by the interaction of electronic agents.
An electronic agent is a computer program, or other electronic means, used to initiate an activity or to respond to electronic information, records or activities in whole or in part without review by an individual at the time of the response or activity. An electronic record created by an individual with an electronic agent of another person is invalid and unenforceable if the individual made a material error in the record and the conditions in section 17 are met.
The Act does not limit the operation of a law that expressly authorizes, prohibits or regulates the use of information or records in electronic form. The Act received assent on . Sections 1 to 21 were brought into force on by British Columbia Regulation 122/01.
When LexLint raises it
When your app profile says your app crawls the web.