Course Code:
econt
Duration:
18 hours
Overview:
Program Name |
Applicability and Enforceability of E-Contracts |
Target Audience |
Legal Affairs Staff Members / other Members of the Legal Affairs Community |
Total number of delegates |
15 |
No. of training sessions |
1 |
Duration of Training Session |
3 days |
Number of hours per day |
5 hours (4 hours of lectures and 1 hour for practical exercises, Q & A, discussion of Use Cases) |
Training Location |
Remote (Virtual Videoconferencing) |
Training Language |
English and/or Arabic (1 or 2 trainers per session) |
Training dates |
August – September 2020 |
Course Outline:
**DAY 1 – Introduction to E-Contracts** | |
Introduction E-Contracts | - What is an e-contract? - Definition and concept of an e-contract. |
Types and forms of e-contracts: | Discussion on - Smart Contracts - Clickwrap and Shrink Wrap Contracts - Ricardian Contracts - Other types |
Essential elements of an e-contract: | - Offer - Acceptance - Legal consideration - Lawful purpose - Competence of parties to contract - Consent - Certainty of terms |
Legal Execution and Enforcement of e-Contracts | Analysis of methods of execution - cryptographic signatures, - e-signatures, - digital signatures |
Legal difference between e-contracts and traditional (paper) contracts | - Offer, acceptance and execution - Security and risk factors - Methods of contracting out - Jurisdictional issues - No handwritten signatures **Remedies available in case of breach of an e-contract** |
Other Areas | - Advantages of e-contracts - Disadvantages of e-contracts |
**TRENDS AND CASE STUDIES** | Case study of market players like **Docusign,** **Adobe EchoSign, Adobe Reader, panda doc _et al_** |
**DAY 2 – Legal Enforceability of E-Contracts** | |
Recognition of E-Contracts In Different Jurisdictions | - Brief cover of enforcement of e-contracts in different jurisdictions - USA - Europe - India - UAE - Oman |
Overview of the KSA’s position on e-contracts | - **_Law of Civil Procedures -_** **_Royal Decree No. M/1, Dated 22/1/1435H_** - _E-contracts in the Saudi Arabia-_ **_The Electronic Transactions Law (ETL), issued by Royal Decree No. M/8_** **_Implementing Regulations (No. 1/1429 and issued on 18 March 2008)_** **_(“ETL”)_** _There are three components governing any contract: offer, acceptance, and intention. If these three elements are upheld in accordance with the necessary legal requirements a contract will be deemed valid and binding regardless of the contract being electronic or not_ |
**KSA Federal Law on E-Contracts** | - Requirements for entering into contract; - Prohibited subjects of e-contracts - Accepted methods of e-signatures - Prohibited objects of e-contracts - Reaction of courts to e-contracts |
UAE Federal Law on E-Contracts | - Applicable Federal Laws: Electronic Transactions and Commerce Law Number 2 of 2002, Federal Law No. (1) of 2006 On Electronic Commerce and Transactions - Validity of an e-contract: offer, acceptance and intention have to be carried out electronically (_Chapter III, Article 13 - Electronic Transactions and Commerce Law Number 2 of 2002_) |
Validity of E-Contracts in the KSA as admissible evidence | - Evidentiary value under the ETL; |
Discussion on Digital ID and E-KYC in KSA for Contracting | Discussion on identity authentication for entering into contracts. |
Other Relevant Laws | - The Telecommunications Act (the 'Act') Issued under the Council of Ministers Resolution No. (74), dated 05/03/1422H (corresponding to 27/05/2001), (as amended by the Council of Ministers Resolution No (121), dated 21/02/1440H (corresponding to 01/11/2018) , and it was approved pursuant to the Royal Decree No. (M/12), dated 12/03/1422H (corresponding to 03/06/2001). - The Telecommunications Bylaws |
**DAY 3-Analysis on specific E-Contracts and related provisions in Telecommunication Sector** | |
**E-Tendering Process** | - Discussion on Government Tenders & Procurement Law - Opening and conclusion of tenders online - Execution of tenders - Roles and liabilities of centralized entities |
**Carrier Agreements** | - Minimum Commitment provisions - Termination Rights - Payment Provisions |
**Framework Service Contracts** | - Conditions - Prices - Services |
**Agent, Master Agent and Distributor Agreements** | - Termination provisions, - Liability limitation provisions, - Defining sales territories, - evergreen provisions, - card refunds, - protection of intellectual property rights; and - fraud control. |
**Concluding Remarks** |