Abstract:

The term “service” might be defined differently depending on each particular discipline of law. In cases where the provision of electronic service is involved, mostly there is a contract concluded in electronic media under which the service provider provides certain services set forth in the Law on the Protection of Consumers. In a broader sense, electronic media means any device, medium or technology used to transmit or store information in a digital form. However, in the strict sense, ,electronic media includes close and/or open computer networks, particularly the “internet”. In lawyers’ jargon, a contract concluded in electronic media is called an “electronic contract.” While electronic contracts are legally qualified as non-negotiable (which are typically concluded by the acceptance of one party of the other’s fixed contract conditions without any change) and distant contracts, this rule may change from time to time, depending on the will of the parties and the characteristics of the devices used for such transaction. The place of performance of the electronic contracts may also change depending on the governing law of the contract and the nature of the obligation set forth therein. Accordingly, while it is physically possible to perform an obligation physically, one may be obliged to perform its obligation via electronic media as well, if possible. In other words, the legal characteristics of an electronic contract (including its performance) might differ subject to the nature of the service, the agreement of the parties and the particular devices used to conclude such transaction. Electronic contracts might be validly concluded via various means such as electronic mail, web page and electronic data interchange (EDI). Furthermore, one may also provide services electronically via Online Mass Market Agreements. Today, it is possible to conclude a contract with the assistance of a software called “electronic representative” which starts an activity and responds to the electronic messages and applications automatically, even without the involvement of any real person

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