IrelandElectronic Commerce Act 2000: Legal Effect of Electronic Contracts
Electronic Commerce Act 2000 (No. 27 of 2000), s. 19
In force since .
A contract terms of service (ToS) rule binding public and private bodies.
- Obligation class
- Contract terms
- Audit expectation
- none
What it requires
- Do not assume that an online agreement, such as an accepted set of terms of use, lacks legal effect solely because it was concluded in electronic form or by electronic communication (s. 19(1)).
- An offer, an acceptance and any related communication in forming a contract may, unless the parties agree otherwise, be sent by electronic communication (s. 19(2)).
These lines are LexLint's reading of the law's text.
Who enforces it
Settledness
- As of
- Open questions
- Does a website's browse-wrap term barring scraping form an 'electronic contract' with a crawler operator under section 19(1), when the operator never accepts the term by an electronic communication?
What it makes you log
Logging duty
Section 19 gives electronic contracts legal effect and lets a contract be formed by electronic communication. It imposes no duty to create, keep, produce or review a log or record.
- Kind
- None
- As of
What this law does
An electronic contract is not denied legal effect, validity or enforceability solely on the grounds that it is wholly or partly in electronic form, or has been concluded wholly or partly by way of an electronic communication.
In the formation of a contract, an offer, acceptance of an offer or any related communication (including any subsequent amendment, cancellation or revocation of the offer or acceptance of the offer) may, unless otherwise agreed by the parties, be communicated by means of an electronic communication. The Act came into operation on .
When LexLint raises it
When your app profile says your app crawls the web.
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