1. Dr. Diganta Biswas School of Law Christ University, Bangalore

2. UNCITRAL Model Law on E- commerce The United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce (MLEC) was promulgated in 1996 (and amended in 1998) to assist countries in the framing of legislation which would enable and facilitate electronic commerce and electronic governance in the world. The MLEC was the first legislative text to adopt the fundamental principles of non- discrimination, technological neutrality and functional equivalence that are widely regarded as the founding elements of modern electronic commerce law. The principle of non-discrimination ensures that a document would not be denied legal effect, validity or enforceability solely on the grounds that it is in electronic form. The principle of technological neutrality mandates the adoption of provisions that are neutral with respect to technology used. Sunday, December 01, 2013 2 Dr. Diganta Biswas, School of Law, Christ University, Bangalore.

3. It may be noted that certain provisions of the MLEC were amended by the Electronic Communications Convention, 2005 (United Nations Convention on the Use of Electronic Communications in International Contracts, 2005) in light of recent electronic commerce practice. This Convention is intended to strengthen the harmonization of the rules regarding electronic commerce and foster uniformity in the domestic enactment of UNCITRAL model laws relating to electronic commerce, as well as to update and complement certain provisions of those model laws in light of recent practice. Finally, the Convention may provide those countries not having yet adopted provisions on electronic commerce with modern, uniform and carefully drafted legislation. Other related Documents in regard to E- Commerce:  UNCITRAL Model Law on Electronic Signatures (2001)  United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (New York, 2008) (the "Rotterdam Rules") Sunday, December 01, 2013 Dr. Diganta Biswas, School of Law, Christ University, Bangalore.3

4. Features of this model law- This model law-  This Law applies to any kind of information in the form of a data message used in the context of commercial activities;  establishes rules and norms that validate and recognize contracts formed through electronic means;  sets rules for forming contracts and governing electronic contract performance;  puts electronic communications on par with traditional paper-based modes of communication in order to fostering efficiency in international trade;  defines the characteristics of valid electronic writings and of an original document;  provides for the acceptability of electronic signatures for legal and commercial purposes; and  supports the admission of computer evidence in courts and arbitration proceedings. Sunday, December 01, 2013 Dr. Diganta Biswas, School of Law, Christ University, Bangalore.4

5. UNCITRAL Model Law Salient Features:  Between and among the parties involved in generating, sending, receiving, storing or otherwise processing data messages, and except as otherwise provided, the provisions of chapter III i.e. regarding the communication of data messages may be varied by agreement. However, such variation does not affect any right that may exist to modify by agreement any rule of law regarding the application of legal requirements to data messages. (Article 4)  Information shall not be denied legal effect, validity or enforceability solely on the grounds that it is referred to in that data message. (Article 5)  Where the law requires information to be in writing, that requirement is met by a data message if the information contained therein is accessible so as to be usable for subsequent reference. (Article 6) Sunday, December 01, 2013 Dr. Diganta Biswas, School of Law, Christ University, Bangalore.5

6.  Where the law requires a signature of a person, that requirement is met in relation to a data message if:  (a) a method is used to identify that person and to indicate that person’s approval of the information contained in the data message; and  (b) that method is as reliable (discussed in Art. 8.1a and 3a) as was appropriate for the purpose for which the data message was generated or communicated, in the light of all the circumstances, including any relevant agreement. (Article 7)  (Article 8) Where the law requires information to be presented or retained in its original form, that requirement is met by a data message if:  (a) there exists a reliable assurance as to the integrity of the information from the time when it was first generated in its final form, as a data message or otherwise; and Sunday, December 01, 2013 Dr. Diganta Biswas, School of Law, Christ University, Bangalore.6

7.  (b) where it is required that information be presented, that information is capable of being displayed to the person to whom it is to be presented.  (3) For the purposes of subparagraph (a) of paragraph (1):  (a) the criteria for assessing integrity shall be whether the information has remained complete and unaltered, apart from the addition of any endorsement and any change which arises in the normal course of communication, storage and display; and  (b) the standard of reliability required shall be assessed in the light of the purpose for which the information was generated and in the light of all the relevant circumstances. Sunday, December 01, 2013 Dr. Diganta Biswas, School of Law, Christ University, Bangalore.7

8.  Under Article 9(1), In any legal proceedings, there should not be any denial regarding the admissibility of a data message in evidence:  (a) on the sole ground that it is a data message; or,  (b) if it is the best evidence that the person adducing it could reasonably be expected to obtain, on the grounds that it is not in its original form.  Under Art. 9(2) Information in the form of a data message shall be given due evidential weight.  In assessing the evidential weight of a data message, regard shall be had to the reliability of the manner in which the data message was generated, stored or communicated, to the reliability of the manner in which the integrity of the information was maintained, to the manner in which its originator was identified, and to any other relevant factor. Sunday, December 01, 2013 Dr. Diganta Biswas, School of Law, Christ University, Bangalore.8

9.  Under Art. 10(1) Where the law requires that certain documents, records or information be retained, that requirement is met by retaining data messages, provided that the following conditions are satisfied: (a) the information contained therein is accessible so as to be usable for subsequent reference; and (b) the data message is retained in the format in which it was generated, sent or received, or in a format which can be demonstrated to represent accurately the information generated, sent or received; and (c) such information, if any, is retained as enables the identification of the origin and destination of a data message and the date and time when it was sent or received.  However, the provision does not extend to any information the sole purpose of which is to enable the message to be sent or received. Sunday, December 01, 2013 Dr. Diganta Biswas, School of Law, Christ University, Bangalore.9

10. Key provisions of the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce:  The MLEC establishes rules for the formation and validity of contracts concluded by electronic means, attribution of data messages, acknowledgement of receipt and determination of the time and place of dispatch and receipt of data messages.  Moreover, part II of the MLEC, dealing with electronic commerce in connection with carriage of goods, has been complemented by other legislative texts, including the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (the "Rotterdam Rules") and may be the object of additional work of UNCITRAL in the future. Sunday, December 01, 2013 Dr. Diganta Biswas, School of Law, Christ University, Bangalore.10

11. Important Provisions under the 2005 Convention: The Convention features the followings-  The Convention applies to all electronic communications exchanged between parties whose places of business are in different States when at least one party has its place of business in a Contracting State. (Art. 1).  Contracts concluded for personal, family or household purposes, such as those relating to family law and the law of succession, as well as certain financial transactions, negotiable instruments, and documents of title, are excluded from the Convention's scope of application (Art. 2).  The Convention sets out criteria for establishing the functional equivalence between electronic communications and paper documents, as well as between electronic authentication methods and handwritten signatures (Art. 9).  The Convention defines the time and place of dispatch and receipt of electronic communications. (Art. 10). Sunday, December 01, 2013 Dr. Diganta Biswas, School of Law, Christ University, Bangalore.11

12.  Communications are not to be denied legal validity solely on the grounds that they were made in electronic form (Art. 8).  The enforceability of contracts entered into by such systems, including when no natural person reviewed the individual actions carried out by them (Art. 12).  A proposal to conclude a contract made through electronic means and not addressed to specific parties amounts to an invitation to deal, rather than an offer whose acceptance binds the offering party, in line with the corresponding provision of the CISG (Art. 11).  Provides remedies in case of input errors by natural persons entering information into automated message systems (Art. 14). Sunday, December 01, 2013 Dr. Diganta Biswas, School of Law, Christ University, Bangalore.12