Digital Commerce in Canada

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

Product Format Details Qty
Book
$285.00
In Stock ISBN: 9780433490777
Hardcover | 398 pages

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:

  • “Smart contracts” and blockchain – readers can gain a deeper understanding of the increasingly prevalent technology
  • Privacy and data protection in the private sector – a focus on the digital, online and mobile environments which are of growing concern in the digital realm
  • Content regulation – one of the areas with the greatest number of legal challenges as new communications clash with established norms concerning expression
  • Jurisdiction in cyberspace – a discussion of the state’s authority to prescribe law as it is generally limited to the political boundaries of each state, featuring an analysis of the Facebook/Google Supreme Court of Canada case

The right book at the right time
Given its up-to-date content and commentary, Digital Commerce in Canada would be especially useful for:

  • Corporate/commercial lawyers who represent clients conducting business on the Internet
  • Information technology and intellectual property lawyers who provide guidance to clients on copyright, patent and trademark issues on the Internet, and ancillary matters
  • Privacy and access to information lawyers who advise clients on how to protect themselves against security breaches, identity theft and other privacy issues
  • In-house counsel who must direct their client (i.e., the corporation) on how to conduct business on the Internet
  • Undergraduate and law students who are interested in learning more about Internet law and electronic commerce issues
  • Libraries who want to provide relevant material to their patrons

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?

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