eContracting according to Dutch law

The European Union is working on a legislative framework affecting e-commerce. The goal is to ensure the prosperous development of e-commerce within the Internal Market. Since these legislative initiatives have not led to full harmonisation, national law remains relevant. For example the e-commerce directive does not contain rules on the moment of formation of an electronic contract. This moment of formation can be substantially different from one Member State to another. As Internet facilitates cross border transactions, companies can easily be confronted with law of other states. Awareness of the national legal aspects of electronic contracting can prevent misunderstandings for business organisations. This paper gives an overview of the main principles of Dutch contract law, and how these principles apply in the electronic environment. Adding to this, various elements introduced by the European legislation, in particular the e-commerce directive, are discussed.Keywords: Dutch contract law, electronic contracting