Analysis of the Legal Framework for Electronic Contracts: Challenges and Opportunities
摘要
The objective of the chapter is to examine the legal and technical challenges associated with electronic contracts in today’s digital landscape. It emphasizes the identification of key obstacles that electronic contracts face, such as the necessity of fundamental components to guarantee their validity and effectiveness, as well as issues related to cybersecurity, electronic signatures, and the protection of personal data. Utilizing a descriptive methodology, the study explored the legal and technical frameworks concerning electronic contracts across various countries. The findings revealed that existing legal structures do not consistently keep pace with swift technological advancements, highlighting the need for continuous legal modifications. Additionally, the results pointed out that legal processes concerning disputes over electronic contracts tend to be intricate and prolonged, which adversely impacts the enforcement and safeguarding of rights. A notable lack of legal awareness among both businesses and individuals regarding the management and protection of electronic contracts was also discovered, underscoring the necessity for training courses aimed at enhancing legal awareness. The study advocates for the revision of current legislation to align with technological progress and suggests enhancing the application of digital documentation methods, such as electronic signatures and encryption, to ensure contract validity and to protect against tampering.