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Published online by Cambridge University Press: 05 June 2012
Part one. Electronic commerce in general
Chapter I. General provisions
Article 1. Sphere of application*
This Law** applies to any kind of information in the form of a data message used in the context*** of commercial**** activities.
*The Commission suggests the following text for States that might wish to limit the applicability of this Law to international data messages:
‘This Law applies to a data message as defined in paragraph (1) of article 2 where the data message relates to international commerce.’
**This Law does not override any rule of law intended for the protection of consumers.
***The Commission suggests the following text for States that might wish to extend the applicability of this Law:
‘This Law applies to any kind of information in the form of a data message, except in the following situations: […].’
****The term ‘commercial’ should be given a wide interpretation so as to cover matters arising from all relationships of a commercial nature, whether contractual or not.
Relationships of a commercial nature include, but are not limited to, the following transactions: any trade transaction for the supply or exchange of goods or services; distribution agreement; commercial representation or agency; factoring; leasing; construction of works; consulting; engineering; licensing; investment; financing; banking; insurance; exploitation agreement or concession; joint venture and other forms of industrial or business cooperation; carriage of goods or passengers by air, sea, rail or road.
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