With many more individuals and businesses limited to conducting
their affairs through electronic means as a result of the COVID-19
phenomenon,
Paul Micallef Grimaud and
Philip Formosa answer some salient questions on the legality of
electronic commerce and contracts.
Do contracts that are signed by the parties in hard
copy, scanned and sent electronically to the other party have the
force of law?
Yes, unless (i) the parties have expressly excluded this
possibility in advance, or (ii) the nature of the contract is one
which falls within the category of excluded contracts listed in the
E-Commerce Act.
The E-Commerce Act (Chapter 426 of the laws of Malta), which
implements the E-Commerce Directive (Directive 2000/31/EC) into
Maltese law, promotes the enforceability of electronic contracts by
giving them the same force of law as ordinary contracts concluded
by the parties in each other's presence. In that vein, the
E-Commerce Act provides for "legal equivalence"
