ABSTRACT
The advent of information technology infuses new patterns into the operation of commercial enterprises and the life of individuals. It changes the essence of traditional paper-based and face-to-face international trade and domestic business. The general concept of electronic commercial transactions is the same as the traditional one in that the process involves selling, buying, payment and delivery, but the actual conduct of the process of electronic transactions is fundamentally different. After examining the characteristics of electronic communications, including e-mail contracting and clickwrap agreements. It is concluded that a contract formed by electronic means is similar to a contract made by telephone or facsimile as they are almost instantaneous. It is feasible to incorporate the online dispute resolution (ODR) mechanism into the notice and takedown (NTD) system and merge the NTD system with the data breach notification mechanism, which can be considered a way forward to further promote the fairness and efficiency of consumer protection online.
