At issue is the regulation of the whole range of electronic
techniques used in negotiating and concluding contracts. These
include the use of data messages such as electronic data
interchange (EDI), e-mail and even older technologies, such as
telegrams, telex or telecopy.
Questions as to the validity of electronic signatures, the
increased likelihood of contracts being 'clicked' into being by
mistake, and even the question of when or how such a contract is
concluded, are not covered by existing international rules.
Present international controls date back to the Vienna
Convention of 1980, pre-dating the growth of e-commerce. This has
resulted in individual countries, and collective legislatures like
the EU, regulating separately, leading to inconsistency of
approaches across the globe.
The UN Conference on International Trade Law (UNCITRAL) is
therefore seeking to bring the international rules up to date,
consolidating the global position, and the EU wants to add its
voice to the negotiations.
“Two things are certain,” said Single Market Commissioner
Charlie McCreevy. “More and more companies of all sizes are active
internationally and more and more business is being done
electronically. We want EU businesses to be as well placed as
possible to benefit. Giving Europe a strong voice in drawing up
this Convention will contribute to making sure e-contracts can be
drawn up with a minimum of fuss.”
The aim is also to ensure compatibility between the draft
Convention and the EU’s Directive on electronic commerce. Such
compatibility between EU and international rules would create
better legal clarity and security for European companies active
outside the EU, says the Commission.
