Digital & Electronic Contracts: Advanced Practice
Presenters : Dwight Snyman
Overview
Digital and electronic contracting has become an integral part of modern commercial practice, requiring legal practitioners to understand not only the validity of electronic agreements, but also the more complex issues surrounding authentication, electronic signatures, contracting platforms, automated contracting, evidentiary considerations and cross-border transactions. This advanced webinar will explore the practical and legal challenges that arise when contracts are negotiated, concluded, amended and performed electronically.
The session will consider the legal framework governing electronic contracts, the enforceability of different forms of electronic signatures, issues relating to identity and authority, the evidential value of electronic records, and emerging risks associated with digital contracting technologies. Particular attention will be given to practical drafting and risk-management considerations when advising clients on sophisticated electronic transactions.
Join Adv Dwight Snyman for an advanced examination of the legal and practical issues surrounding digital and electronic contracts.
Learning Objectives
Attending this webinar will equip you with the following skills:
- Understand the legal principles governing the formation, validity and enforceability of digital and electronic contracts, including in cross-border and multi-jurisdictional transactions.
- Gain a deeper understanding of the different types of electronic signatures and their legal implications, and learn how to address authentication, identity and authority risks.
- Understand the evidentiary considerations associated with electronic communications, records and digitally executed agreements.
- Acquire practical knowledge of drafting contractual provisions that address electronic execution, authentication, amendments and electronic notices.
- Gain insight into the legal risks of electronic contracting platforms, automated contracting and emerging digital technologies, and learn how to identify vulnerabilities and implement appropriate risk-mitigation measures.
Content
The webinar will cover the following topics:
- Legal framework governing digital and electronic contracts
- Formation and enforceability of electronic agreements
- Electronic signatures: types, validity and evidentiary significance
- Advanced authentication, identification and authority issues
- Contracting through email, online platforms and digital systems
- Click-wrap, browse-wrap and other forms of online contracting
- Electronic amendments, variations and acceptance
- Electronic records and evidentiary considerations
- Digital audit trails and proving contractual intent
- Automated contracting and technology-assisted agreements
- Risks associated with digital contracting platforms
- Cybersecurity, fraud and identity-related risks in electronic contracting
- Drafting effective electronic contracting clauses
- Electronic notices and communications
- Cross-border electronic contracting considerations
- Practical case studies and common contractual pitfalls
- Risk-management strategies for legal practitioners and their clients