E-Contracts and Digital Consent in the Age of Technology
Keywords:
E-Contracts Digital Consent Information Technology Act, 2000 Clickwrap/Browsewrap Agreements Online Dispute Resolution (ODR) Smart Contracts Consumer ProtectionAbstract
This digital shift has changed the way contracts are conducted, going beyond the outdated and cumbersome pen and paper system. The article focuses on the validity, enforceability and plausible issues with e-contracts and electronic consent in India, while juxtaposing with international laws. Starting with the historical development of the physical signature to clickwrap, browsewrap, shrinkwrap and smart contracts, the article examines how classical concepts of the Indian Contract Act, 1872 such as offer, acceptance, consideration and free consent apply to electronically concluded contracts. It also examines the legislation architecture established by the Information Technology Act, 2000, especially Section 10A, and international legal documents like the UNCITRAL Model Law on Electronic Commerce (1996), the US ESIGN Act (1999), and the EU eIDAS Regulation (2014). The judicial history of "Trimex International FZE Ltd. v. Vedanta Aluminium Ltd. (2010), Bhagwandas Goverdhandas Kedia v. Girdharilal Parshottamdas (1966), LIC v. Consumer Education & Research Centre (1995)" is explored to highlight how Indian courts have increasingly embraced digital contracts. This article also highlights longstanding issues, such as passive consent, information overload, unequal bargaining power in standard-form contracts, authentication risks, data privacy gaps, cross-border jurisdictional conflicts and accessibility concerns, that impact the quality of informed consent in online contexts. Last, the authors consider Online Dispute Resolution (ODR) and arbitration as tools for dispute resolution in the e-contract context, drawing on SAMA, Presolv360 and nascent models of the blockchain. The article concludes that India's legal framework is generally suitable to establish e-contracts but attaining uniformity of digital consent principles, bolstering consumer protections, and adapting regulations to new technologies like AI generated contracts and smart contract obligations lie ahead.
References
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