MaltaElectronic 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.
- Audit expectation
- none
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).
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 Article 9, when the operator never 'places his order through technological means' as Article 10(1) requires?
What record it asks for
Logging duty
Articles 9 and 10 give electronic contracts legal effect and fix when one is concluded. Article 10(1) requires the service provider to acknowledge receipt of an order without undue delay and by electronic means, and Article 10(2) requires technical means to correct input errors. Neither article requires a log or record to be kept.
- Kind
- None
- As of
What this law does
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. The sections this entry groups came into force on different days.
When LexLint raises it
When your app profile says your app crawls the web.
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