The Law Commission examined various forms of electronic signatures such as typed names and digital images of handwritten signatures, passwords and PINs, biometric data and digital signatures. Here are the main discussions in the consultation paper regarding alternative forms of signature: But it is also an industry that has attracted its fair share of controversy. Problematic players range from influencers losing big deals for bad behavior to tempting brands by ignoring ftC disclosure guidelines. With so much money at stake and reputation at stake, social media deals are a must for brands, marketers, and influencers. In the end, the SCA concluded that the WhatsApp message did not contain an offer that could be converted into a binding agreement upon acceptance. The CSA concluded that the complainant subjectively did not intend to contract and that the communication did not suggest otherwise. Although the SCA has decided that a contract is unenforceable, WhatsApp and other social media platforms used as instant messaging forums may in some cases give rise to valid and enforceable contracts. The same applies when the parties exchange emails. Back to basic contract law: To form a binding contract, the parties usually need to fulfill the following: (1) offer; (2) acceptance; (3) mutual commitment or other valid consideration; and (4) competence and capacity. In the case of real estate transactions, the agreement must also comply with the “Fraud Act”, which requires the signing of certain types of agreements and the written form. If email communications meet the essential requirements for entering into a contract, the next hurdle is determining when those communications comply with the Fraud Act. Nowadays, it`s rare for a person not to use at least one of the many social media platforms available.

Whether it`s WhatsApp, Facebook, Twitter or LinkedIn, the modernized world we live in today allows instant access to information and, with it, instant messaging services on these social media platforms are becoming a common place for transactions. Online contracts can be of three types, mainly: shrink wrap agreements, click or web wrap agreements, and navigation wrap agreements. In our daily lives, we usually experience these types of contracts online. Other types of online contracts include employment contracts, contractor contracts, consulting contracts, resale and distribution agreements, non-disclosure agreements, software development and licensing agreements, source code esceding agreements. The use of social media has exploded over the past decade, as has the number of brand owners who want to take advantage of it and promote their goods and services through online influencers. .