Binary trade commerce research able international broadcaster news

There are many legal peculiarities of binary commerce, or e-commerce, since the national or international character of the transactions and the absence of physical contact between the customer and the supplier will result from specific problems.
An international exchange

Binary commerce

Binary commerce enables distance selling of goods or services in an international context. The broadcaster of the offer and the buyer may be in the same state or in different states. In the first case, the internal law of the State will apply to commercial transactions. It will be different when it comes to international sales. Therefore, the question arises as to which law is applicable. Law, to be determined by the so-called rules of "conflict of laws", which are rules of private international law, specific to each state.

However, international conventions standardize and allow the direct application of rules of a material nature. Some of them will only apply to professionals, others to consumers as well. One of the main conventions for the international sale of goods is the Vienna Convention of 11 April 1980, which applies to several countries (France, Germany and even the United States). 

Formation and performance

It governs the formation and performance of obligations arising from a contract for the sale of goods, with the exception of the question of the validity of the contract. As this text does not apply to the provision of services, it is in another international convention that the rules applicable to this case should be sought. For example, the Rome Convention of 19 June 1980, which favors the principle of autonomy of the will. The contract is governed by the law chosen by the parties. However, with regard to consumers, it provides for the application of other laws than those chosen by the parties. Indeed, it favors consumer protection laws since the parties' choice of the applicable law can not result in depriving the consumer of the protection provided by the mandatory provisions of the law of the country in which he habitually resides.

A transaction between absentees

Assuming that the applicable law is French law, binary commerce falls under the regulation on distance selling. Already, the Consumer Code defines distance selling as "any technique allowing consumers, outside the usual places of receiving customers, to order a product or to request the completion of a service". A definition very close to that of the European directive in the context of distance selling. In particular, telemarketing, telephone, videotransmission, mailing or the distribution of printed matter are considered to be distance selling techniques.

The regulation on distance selling will therefore mainly apply to transactions concluded over the Internet. Nevertheless, specificities may arise, particularly in the case of specific use of techniques such as push, which will result in the application of the regulation of canvassing at home, or even canvassing by any other means comparable to soliciting by telephone. In addition, any offer to sell products or services on the Internet must, at least, comply with the rules on fair information as well as those on advertising.


Other particularities will also govern these offers. It is expected that any service provider in the context of remote services must indicate the name of his business, his telephone number and the address of his head office and, if it is different, that of the institution responsible for the service. 'offer. The sale itself will generally be formed from the moment of the acceptance by the party to whom an offer is made, even if it is a sale to consumers, with a nuance: this solution can only be transposed if it is the consumer who has himself chosen to order.

However, an obligation of written confirmation of information must be addressed following the transposition of the European directive into French law. Therefore, in consumer relations, writing could become an essential element of distance transactions.

All the more important as it is one of the elements to avoid falling under the provisions relating to forced shipment. Any shipment of a product accompanied by a correspondence, stating that the product may be returned or retained, without first obtaining the express acceptance of the consumer, meaning a forced shipment and subject to criminal penalties.


A final specificity will apply to e-commerce with consumers. The Consumer Code provides that for all distance selling operations, the buyer of a product has a period of 7 days from the delivery of his order, to return the product to the seller, for exchange or refund, without penalty except for the cost of return. If this right of withdrawal concerns, so far, only remote sales of products, it is likely that in the future this faculty will be offered for the provision of services.

The proof of exchanges

If electronic commerce facilitates and speeds up transactions, it is also advisable, with the removal of written supports, to arrange proof of such transactions. The deletion of the writing and its authenticating element, the signature, poses a new challenge to the legal rules of evidence under national law. If, under French law, proof in writing is required, when the transaction concerns an individual and its value exceeds 5000 F, this is not the case in the Anglo-Saxon countries. Several techniques must therefore make it possible to arrange the proof conventionally. 


With cryptography

The cryptography solution encryption of information - can improve transaction security. Strictly framed, the use of this technique was however relaxed by the law of July 26, 1996. Finally, remains a security management solution through the use of contractual techniques, which can allow users to organize between them the confidentiality and the security of transactions through the introduction of specific provisions in contracts governing them: use of a chain of confidentiality or interchange agreements.

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