E-Commerce Flashcards
What does E-Commerce refer to?
All commercial transactions based on the electronic processing and transmission of data, including text sound and images
What legislation covers E-Commerce transactions?
Electronic Transactions Act 1999 (Cth) (ETA)
The ETA is based off of which model law?
UNCITRAL Model Law of Electronic Commerce 1996
True or false, each states have different legislation?
False. All states have parallel legislation
What is the aim of the ETA?
Validity of electronic transactions
Define electronic communication
(a) a communication of information in the form of data, text or images by means of guided and/or unguided electromagnetic energy; or
(b) a communication of information in the form of speech by means of guided and/or unguided electromagnetic energy, where the speech is processed at its destination by an automated voice recognition system.
What does the ETA allow to happen in electronic form?
Requirement to give information in writing: s 9*
Requirement to provide a signature: s 10
Requirement to produce a document: s 11
Requirement to record information:
s 12(1) Requirement to retain a document: s 12(2)
Can a signature be given online?
Yes, under s10.
What is the definition of the time of dispatch?
Time of dispatch is when the electronic communication “leaves an information system under the control” of the sender
What does the time of receipt depend on?
If the addressee has designated an electronic address or not
If an addressee has designated an address when is the time of receipt?
Time of receipt is when the message becomes capable of being retrieved by the addressee at the designated address
If an addressee has not designated an address when is the time of receipt?
When the message has become capable of becoming retrieved and the addressee becomes aware that the communication has been sent to that address.
Is a person bound by messages appearing to be from them?
No, unless the message was sent by, or with the authority of that person through agency, for example.
Do all normal rules of contracting between parties apply?
Yes. They do.
What are shrinkwrap contracts?
Contracts where you agree to the terms before seeing them in effect
