Law / Malta

Electronic Commerce Act, Electronic Contract Formation

Electronic Commerce Act (Cap. 426), Arts. 9-10

In force.

A contract terms of service (ToS) rule binding public and private bodies.

As of .

What it requires

  • An electronic contract, including terms accepted when creating an account, is not denied legal effect solely for being concluded electronically (Art. 9).

What this law does

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Research summary

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Article 9 of the Electronic Commerce Act provides that an electronic contract is not denied legal effect, validity, or enforceability solely because it is wholly or partly in electronic form or was concluded wholly or partly by electronic communications.

Article 10 provides that, unless otherwise agreed by parties who are not consumers, an electronic contract concluded by a recipient placing an order through technological means is formed when the recipient receives the service provider's acknowledgement of receipt of that order.

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