But this electronic negotiation and contracting is nothing new. Law 34\2002 on Information Society Services and Electronic Commerce (LSSI) defines electronic contracting as “ any contract in which, at least, the acceptance is transmitted by means of electronic data processing and storage equipment, connected to a telecommunications network ”.
Therefore, electronic contracts are made up of all those contracts concluded dentist database through the exchange of data messages by electronic means. The main means of communication used for both the negotiation and the execution of this type of contract is the Internet. Electronic contracting completely eliminates paper documents. If your company is immersed in electronic contracting, it is very important that you are well advised and for this, it is best to go to professionals specialized in commercial law in Barcelona , as they will guide you throughout the process and will ensure your rights.
Electronic contracting is also used in consumer law . In fact, we are unconsciously using it from time to time. For example, when you make an online purchase or a hotel reservation through a website.
Obligations of an electronic contract
According to the provisions of art . 23.2 LSSI, for the valid conclusion of contracts by electronic means, it is not necessary for there to be a prior express agreement between the parties to use these means.
We must go to art. 27 LSSI to know the pre-contractual obligations that must be fulfilled in this type of contract:
Information on whether the provider will archive the electronic document supporting the contract, stating whether said document will be accessible
Existing technical means for identifying and correcting errors in data entry
Language or languages in which the contract may be formalized
In addition, if applicable, the general conditions of the contract must be made available to the third party contracting party.
On the other hand, post-contractual obligations to the electronic contracting are subject to the provisions of art. 28 LSSI :
The offeror is obliged to confirm to the acceptor the receipt of the acceptance.
Confirmation must be made either by means of an acknowledgement of receipt by email, or similar means, within 24 hours of receipt of acceptance; or by communicating receipt by means equivalent to that used for the electronic contracting, as soon as it is received.
Confirmation of receipt of acceptance of the offer will not be required in cases where both parties agree to it, provided that neither of them is considered a consumer, or if the contract has been concluded exclusively by means of an exchange of email.
