The Effectiveness of Clickwrap for Legally Enforceable Agreements

The use of clickwrap technology has experienced explosive growth as a convenient, effective way to enter into an agreement with both consumer and commercial customers.

When a company uses a clickwrap process in online transactions (generally accepted with a single "I agree" click), the essential elements of contract formation are still required in order to have a binding and enforceable agreement.

In this paper we cover:

• The laws that support clickwrap agreements

• General principles of contract formation that are applicable regardless of the medium

• Best practices for effective and admissible clickwrap agreements

• Other considerations for clickwrap agreements in Canada