Adhesion Electronic Contracts (“shrink-wrap” and “click-wrap”) and the terms of use (“browse-wrap”)

Abstract

This article aims to present a legal discipline for some contractual practices in electronic commerce, identified as “shrink-wrap”, “click-wrap” and “browse-wrap”. In this sense, it presents the concept, the characteristics of these figures, as well as the understanding of foreign courts, in particular, North American and Canadian ones. The inductive method is applied, starting from the analysis of several cases on the existence, validity and enforceability of these commercial practices to establish guidelines in order to guide suppliers, consumers and the lawyers and judges. Finally, it points out the necessary updating of the Brazilian legal system, as intended by Bill no. 3514/2015 to ensure an effective consumer protection in international distance contracting.