E-commerce and internet agreements are the backbone of the ever-growing and dynamic environment of online business. They are governed by a combination of statutory provisions, international agreements, and practical guidelines.
Electronic transactions legislation exists in most Australian jurisdictions and govern the validity of transactions occurring electronically, whilst a number of free trade agreements to which Australia is a party promote electronic commerce and mandate domestic legal frameworks for electronic transactions based on the UNCITRAL Model Law on Electronic Commerce 1996.
The Australian Consumer Law contained within Schedule 2 of the Competition & Consumer Act 2010 (Cth) imposes certain restrictions and obligations to protect consumers in online transactions.
Key Elements of Internet Agreements
Internet agreements come in many forms depending on the nature of the business, but often include provisions which:
- define the terms governing the use of the website;
- protect relevant intellectual property such as trademarks or copyrights;
- ensure compliance with data protection laws; and
- set out the rights and responsibilities of all parties involved, so as to help prevent misunderstandings or disputes.
Types of Internet Agreements
Some common forms of internet agreements include:
- terms of use – which outline the rules for using the website;
- privacy policies – which explain how you will collect, use, and manage the user’s personal information; and
- online marketplace terms – which govern the relationship between vendors and customers in an online marketplace.
Enforceability of Internet Agreements
The enforceability of online contracts depends on the way in which they are presented to the user, for example, as ‘sign-wrap’, ‘click-wrap’, or ‘browse-wrap’ agreements. You may well be bound by the last Terms of Use you agreed to without reading!
Our Expertise in Internet Agreements
Here at CG Law, our team of experienced intellectual property lawyers can ensure that contracts are comprehensive and compliant with current laws and regulations. Regardless of the type of internet agreement you may need drafted or reviewed, we can ensure that it is tailored to the specific needs of your business, and that your interests are protected.