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The conclusion of a contract electronically

The e-commerce is governed by the law on the digital economy n° 1.383 of August 2nd, 2011 published in the Monaco Journal of August 12th, 2011.

Professionals have since been waiting for sovereign orders to set the terms of application of the said law.

It is done now, thanks to a sovereign ordinance n° 6.525 of August 16th, 2017, that was published in the Monaco Journal of August 25th, 2017, as regards in particular the reliability of an electronic signature, of an electronic stamp and of electronic timestamp used as part of the conclusion of a contract electronically, and which was recently completed by the sovereign ordinances n° 6.700, 6.701 and 6.702 of December 7th, 2017, which were published in the Monaco Journal of December 15th, 2017.

These sovereign ordinances provide for clarifications as regards the suppliers’ e-commerce legal obligations, as well as precisions about the modalities of exercising the right of withdrawal granted to the co-contractor by the law on digital economy, and specify the content of the information duty owed by the supplier to the co-contractor prior to and after the conclusion of a distance contract, as well as the modalities of provision and transmission of the supplier’s contractual terms to his co-contractor.

Authors

Olivier Marquet
Olivier Marquet
Avocat Associé | Managing Partner
Monaco
The picture of Matthieu Massei
Matthieu Massei
Manager
Monaco