Cross-Jurisdictional Variation in Internet Contract Regulation Is There a Viable Path to Globally Uniform Internet Contracting Laws?

The internet has become a pervasive and established part of modern life and along with it legal frameworks for establishment and enforcement of consumer contracts have and continue to develop. Regulation and enforcement of internet contracts varies geographically. Generally, there are two primary legal approaches to internet contract enforcement: The United States model that relies on basic notice requirements to establish and enforce terms; and the European Union model that focuses on fundamental fairness in transactions between businesses and consumers. This paper examines common issues surrounding internet contracts and their application. The differences in the United States and European Union philosophy and approach to internet contracts are illustrated and compared. Finally, the potential for development of a unified legal framework for internet contracts is considered.