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Law of Electronic Commercial Transactions

Law of Electronic Commercial Transactions Contemporary Issues in the EU, US and China, 2nd Edition

Author: Faye Fangfei Wang
Publisher: Routledge
ISBN: 9780415832243
Published In: January 2014
Format: Paperback , 376 pages
Jurisdiction: China, European Union, U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Law of Electronic Commercial Transactions clearly highlights and analyses the main legal obstacles to the establishment of trust and confidence in doing business online. The book compares the legislative frameworks of e-commerce in the EU, US, China and International Organisations. It sets out solutions to modernise and harmonise laws at the national, regional and international levels in response to the current technological developments. The second edition of this book has been fully updated taking into account both the changes in the use of technologies and developments in the law.

The new edition provides information on the key legal challenges caused by the increasing popularity of cloud computing, particularly relating to data protection and jurisdiction, and considers how greater legal certainty can be achieved in cloud computing service contracts. The growth in use of automated computing systems to issue international contracts of sale is addressed in terms of what this may mean for the purpose of determining jurisdiction and existing conflict of law rules.

The book discusses the recent UNCITRAL ODR Procedural Rules and explores how best to ensure consumer redress in cross-border e-commerce transactions by looking into the detail of the recent Proposal for a Regulation on Online Dispute Resolution for Consumer Protection in the EU. The parts of the book dealing with Internet security and data protection has been expanded taking into account the Proposal of Data Protection Regulation in the EU and explore the conditions of constituting valid consent for processing personal data under the current EU legal framework compared with China and the US.

Law of Electronic Commercial Transactions is a clear and up to date account of a fast-moving area of study and as such will be great value to undergraduate and postgraduate students, practitioners and scholars in law and computing.

Part 1: Introduction 1. Introduction Part 2: Electronic Contracts: The Scenario of Electronic Contracting 2. What is an Electronic Contract? 3. When is an Electronic Contract Made? 4. Where is the Contract Made? 5. What are the Vitiating Facotrs? 6. Where is the Contract Made? 7. Contemporary Issue: Electronic Battle of Forms Part 3: Online Security 8. Electronic Signatures and Electronic Authentication 9. Data Privacy Protection: Regulations 10. Data Privacy Protection: Practices and Implementation 11. Liability of Internet Service Providers : Implementation of the Notice and Takedown Procedure Part 4: Dispute Resolutions 12. Resolving Electronic Commercial Disputes Part 5: The Future 13. Conclusions and Recommendations

Faye Fangfei Wang is a Senior Lecturer at Brunel University, UK. She holds a PhD from the University of Southampton, a LLM from the University of Aberdeen, and an LLB from China. She specialises in cyberlaw, international trade law, conflicts of law and online dispute resolution.