Law / Canada / Saskatchewan
Electronic Information and Documents Act, 2000, electronic contracts
S.S. 2000, c. E-7.22, ss. 18-20
In force since .
A contract terms of service (ToS) rule binding public and private bodies.
- Obligation class
- Contract terms
- Audit expectation
- none
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. 18(1)).
- Do not assume that a contract is invalid or unenforceable solely because information or a document in electronic form was used in its formation (s. 18(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. 19(2)).
- If your electronic agent deals with individuals, give them an opportunity to prevent or correct a material error in an electronic document; where it does not, the individual’s document has no legal effect if the individual notifies you of the error as soon as practicable, takes reasonable steps to return any consideration and has used or received no material benefit from it (s. 20).
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 document in an electronic form, or by an action in an electronic form, including touching or clicking on an appropriately designated icon or place on a computer screen.
A contract is not denied legal effect or enforceability solely because information or a document in an 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 any electronic means, used to initiate an action or to respond to electronic information, documents or actions in whole or in part without review by an individual at the time of the response or action.
An electronic document made by an individual with the electronic agent of another person has no legal effect and is not enforceable if the individual made a material error in the document and the electronic agent did not provide the individual with an opportunity to prevent or correct the error, among other conditions.
Nothing in Part II requires a person to provide, receive or retain any information or document in an electronic form, and a person’s consent to do so may be inferred from the person’s conduct. A public body is not presumed to consent to accept information or a document in an electronic form unless it expresses its consent by communication accessible to the public or to those likely to communicate with the public body for particular purposes. The Act came into force on .
When LexLint raises it
When your app profile says your app crawls the web.