Digital Commerce in Canada
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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
Table of contents
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
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
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
XI. Balancing interests
XII. The 10 privacy principles
XIII. PIPEDA in the courts
XIV. Other powers of the Commissioner
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
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?