Electronic Contracts Under French Law

The laws applicable to electronic contracts depend on the parties to the agreement. Whereas contracts entered into between businesses (“B2B contracts”) are mainly subject to general principles of contract law, contracts involving a business and a consumer (“B2C contracts”) are also subject to certain specific rules that derive from European law. These rules, which aim at protecting the consumers, impose various constraints on the websites dealing with French consumers.

The following questions have been addressed in this article:

What basic rules govern the formation of an electronic contract under French law?
What is the date of formation of an electronic contract?
When does French law and jurisdiction of French Courts apply to an electronic contract?
What rules apply to a B2C contract?
What other protections should be taken by a website entering into a B2B contract?

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