ABSTRACT

The ICC refers to ‘electronic contracting’ as ‘the automated process of entering into contracts via the parties’ computers, whether networked or through electronic messaging’.1 This definition is an amalgamation of two separate explanations, one contained in the UN Convention2 defining ‘electronic communication’, and the other taken from the US UETA and UCITA providing for ‘automated transactions’. ‘Electronic communication’ means ‘any communication that parties make by means of data messages’,3 whereas ‘automated transactions’ means any transaction conducted or performed, in whole or in part, by electronic means or electronic records. In addition, electronic communication establishes a link between the purposes for which electronic communications might be used, and the notion of ‘data messages’ which was important to retain.4 This new concept gives a broader definition of electronic means of transactions and makes it compatible with a wide range of possible developing techniques.