Digital economy impact on contracts conclusion for the use of internet services

Abstract

Currently, thanks to information technologies (IT), civil turnover has significantly accelerated, users conclude agreements in a fast and convenient format. However, the emergence of new technologies, software and services on the internet takes them beyond the generally accepted and generally applicable contractual structures, such as a licence contract, a service contract, and others. There are questions related to the subject of the contract—a product, a service, or is it a special new subject? The development of information technologies and, accordingly, the expansion of the digital economy changes the perception of the contract, along with the legal nature of contracts for the use of services on the internet, and new aspects related to the process of its approval appear. There may be difficulties with user authentication, and therefore with the validity of agreements concluded on the internet, since in some cases the user’s authentication may be “forged”, and as a result, the agreement will be concluded by another person. This study provides a brief comparative legal analysis of issues related to agreements on the use of software on the internet based on the experience of the United States, the EU and other countries.