With a keen focus on the rapidly evolving era of digital transactions, this new publication offers invaluable insight and direction into the emerging commercial framework for digital commerce. Formerly published as Electronic Commerce and Internet Law in Canada.
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Publication Language: English
Published: April 28, 2020
Publisher: LexisNexis Canada
Formerly known as Electronic Commerce and Internet Law in Canada, the second edition of this book won the 2013 Walter Owen Book Prize – and this new title is sure to garner praise of the same magnitude. Written by leading experts in the field, Digital Commerce in Canada provides an in-depth look at digital transactions, and in particular the contractual nature of the relationships that form the basis of those transactions. The book also provides extensive consideration of private sector data protection law and its application.
A comprehensive resource
Rather than a treatise on Internet law, Digital Commerce in Canada examines the commercial framework that is developing in the context of digital transactions, including the important areas of electronic contracts, consumer protection, and data protection.
The fully updated content in this latest edition features new and revised chapters dedicated to:
The right book at the right time
Given its up-to-date content and commentary, Digital Commerce in Canada would be especially useful for:
Chapter 1: Electronic contracts
I. The Uniform Electronic Commerce Act
II. Offer and acceptance
III. United Nations Commission on International Trade Law’s Model Convention on Electronic Commerce
IV. Notice of terms
V. The requirement of writing and signatures
VI. Retail payments oversight
Chapter 2: Consumer protection online
I. Introduction
II. The Internet Sales Contract Harmonization Template
III. Internet-specific consumer protection legislation
IV. General legislative protection applicable to online consumers
V. Mandatory arbitration clauses
VI. Policy developments
Chapter 3: “Smart contracts” and blockchain
I. Introduction
II. Application of contract law to blockchain
III. Liability of blockchain
IV. Potential regulation
Chapter 4: Privacy and data protection in the private sector
I. Privacy challenges in the digital environment
II. Canada’s privacy law context
III. The emergence of private sector data protection legislation in Canada
IV. Constitutional issues
V. Coming into effect
VI. PIPEDA and the provinces
VII. Substantial similarity
VIII. Scope of legislation
IX. Framework
X. Application
XI. Balancing interests
XII. The 10 privacy principles
XIII. PIPEDA in the courts
XIV. Other powers of the Commissioner
XV. Offences
XVI. The provincial Privacy Commissioners
XVII. Conforming with the relevant privacy organizations
XVIII. Class action lawsuits for data breaches
XIX. PIPEDA and the GDPR
XX. Privacy across borders
Chapter 5: Content regulation
I. Introduction
II. Defamation
III. Unsolicited commercial messages
IV. Other CRTC regulation
Chapter 6: Jurisdiction in cyberspace
I. Jurisdiction in cyberspace: To infinity and beyond
II. Online commercial activity
III. “Real and substantial” connection
IV. Online tortious liability
V. Regulatory jurisdiction of Canada: How far does it extend?