Are Browse-wrap Agreements Legally Binding: As Analysed Across Multiple Jurisdictions


Authors : Aashana Chandak

Volume/Issue : Volume 5 - 2020, Issue 7 - July

Google Scholar : http://bitly.ws/9nMw

Scribd : https://bit.ly/2PT9yNS

DOI : 10.38124/IJISRT20JUL858

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Abstract : Browse-wrap agreements are e-contracts that lack the element of express consent which creates ambiguity in their enforcement across countries like India and Canada. The United States of America has through a plethora of case laws attempted to follow a framework with a adequate communication of notice system which is subjected to consumer protection concerns. With the recent enforcement of the General Data Protection Regulations(GDPR)in the European Union it has led to the complete abandonment of the browse-wrap agreements due to the lack of the consentbeing explicitly provided. Leading to the rise in the recognition of theclick-wrap agreements being adopted as a standardized form of e-commerce contracts across jurisdictions

Browse-wrap agreements are e-contracts that lack the element of express consent which creates ambiguity in their enforcement across countries like India and Canada. The United States of America has through a plethora of case laws attempted to follow a framework with a adequate communication of notice system which is subjected to consumer protection concerns. With the recent enforcement of the General Data Protection Regulations(GDPR)in the European Union it has led to the complete abandonment of the browse-wrap agreements due to the lack of the consentbeing explicitly provided. Leading to the rise in the recognition of theclick-wrap agreements being adopted as a standardized form of e-commerce contracts across jurisdictions

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