The impact of digital development on the liability of contractors in electronic contracts

Abstract

Digital development has brought about radical transformations in the world of contracts, as electronic contracts have become a major alternative to traditional contracts in various fields, which has significantly affected the responsibilities of contracting parties. This research witnesses the exploration and analysis of the impact of digital development on the responsibility of contracting parties in electronic contracts by studying how laws and legal systems adapt to these transformations. The study focuses on a set of factors that highlight this impact, such as electronic signature, smart contracts, personal data protection, digital documentation, and the role of modern technologies such as blockchain in enhancing contract transparency and reducing manipulation. The research deals with analyzing the legal frameworks regulating electronic contracts in Arab and international laws, explaining the extent of the efficiency of these frameworks in protecting the rights of contracting parties and ensuring the implementation of agreed-upon obligations. The research also discusses the challenges facing contracting parties in the digital environment, such as the difficulty of proving identity and verifying authenticity, and the impact of the lack of physical presence of the parties on their obligations and responsibilities. The study also highlights existing legal gaps that may affect the determination of liability in the event of a dispute or breach of an electronic contract, and puts forward recommendations to strengthen legislation related to digital contracts, with a focus on the importance of establishing advanced legal systems that respond to the challenges of digital technology and keep pace with rapid developments in this field.