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New online contract forms. The click-wrap paradigm and the consumer role.

Jordi Sandalinas

(Submission #111)


The notion of “consent” represents one of the most important issues to be taken into account in satellite online data and imagery transactions. Effectively, according to the paradigm offered by the European Space Agency throughout the Copernicus Program, and its so-called Copernicus Contributing Missions, consent is considered to be given “by transferring the desired data to the user's computer over the Internet”. Since the activity of downloading requires a final “click” on a download “icon”, this behaviour could be regarded as the beginning of a click-wrap agreement. However, a shrink wrap agreement would happen if in case a software or particular metadata has to be installed either from a hardware device for from an installation procedure required by the satellite data supplier. Thousands of different online forms and transactions are constantly agreed on a daily basis over the Internet.

Rights related to Images are data are transferred online to users. However the notion of consumer seems to be at stake as it matters to satellite and data practice. The present study approaches such scenario where consumer rights could be damaged and will refer to the existing online paradigm consisting of browse-wrap and click.wrap agreements mainly.


Topic Area:  [1.14] e-Commerce
Abstract Type:  Oral Presentation and paper in IJSDIR

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