Contracts Concluded by Electronic Means
Automatically translated summary. The full text is available in Romanian.
A note produced by the Independent Think Tank “Expert-Grup” explains how contracts concluded by electronic means work in the Republic of Moldova, focusing on consumer protection. It sets out the legal definition, the differences from other consumer contracts and the defining features, as online shopping grows ahead of the winter holidays.
The Civil Code gives no definition of such contracts, but Law No. 284/2004 on information society services defines an electronic contract as the set of electronic documents making up a civil-law contract. Unlike distance contracts, which may also use telephone, post or fax, these are concluded solely online, and unlike off-premises contracts they involve no physical interaction between consumer and trader.
Under Article 319 of the Civil Code, a contract may be concluded by any electronic means without a qualified advanced electronic signature; consent is presumed until the person contests it. A simple online order and payment is therefore a valid contract, and ticking the boxes accepting terms and conditions is express acceptance. The defining elements are the absence of simultaneous physical presence, an organised trading system and exclusive use of electronic means. The note was prepared under the national campaign “Consumer rights are my rights!”, with EU and Soros Foundation Moldova support.
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