Click-Wrap Agreements for Computer Programs Distributed in the Internet

Abstract

The study identified several issues relating to click-wrap agreements in legislation and case law, namely: difficulty in reading terms of contract for an average user which results in users’ refusal to read them, and including onerous conditions by the rightholder. A range of measures to protect users’ rights from click-wrap agreements: consolidation of special conditions of click-wrap agreement invalidity, application of the rules relating to protection of a weak party of an agreement and consumers’ rights, application of the principle of good faith in case law.