The Nature of E-Commerce Contracts and Methods of Proof

E-commerce contracts are one of the most prominent manifestations of the digital transformation in modern commercial transactions. They are characterized by the complete elimination of traditional paper-based documents, which have been relied upon in traditional commercial environments. These contracts are based on electronic media, such as the internet, for their existence and implementation. This gives them an international character stemming from the idea of globalization and global economic openness. Transactions are no longer confined to a specific geographical area, but rather transcend national borders, connecting parties from different countries. It is noted that most commercial activities in this context are conducted online, including negotiation, contracting, payment, and delivery of products or services, indicating an increasing reliance on electronic means for concluding and implementing these contracts. This major transformation is attributed to the tremendous development in modern communication methods and technologies, which have contributed to the emergence of new and innovative methods for promoting and distributing products and services, leading to a qualitative leap in the methods of conducting commercial activities. This shift in the technical nature of e-commerce contracts has impacted the methods of proof, posing legal challenges related to how to prove actions and agreements concluded electronically, especially in the absence of a written signature or direct meeting between the contracting parties. Hence, the importance of establishing clear legal frameworks regulating the means of proof in this type of contract, ensuring the protection of the rights and obligations of the contracting parties and ensuring confidence in the digital environment.