private autonomy
Contracts and electronic commerce
Contracts may be formed, signed, stored and performed electronically; technology does not eliminate good faith, consent, evidence, consumer protection or mandatory rules.
Art. 62Electronic form recognisedExecution ≠ legal title
A digital contract is not “less of a contract”
Electronic form does not by itself reduce validity or enforceability. Computer code, automated agents and external data may participate in formation and performance, provided that legally effective consent, sufficient transparency, evidentiary capability, mandatory rules and legal allocation of risk are preserved.
Autonomy has limits
Freedom of contract coexists with fundamental rights, consumer protection, competition and public policy.
Code executes; law characterises
A routine can execute a condition, but it cannot cure invalid consent or turn technical control into property or sovereignty.
What was accepted matters
Terms, annexes, amendments, dates and evidence must be reconstructable when a dispute arises.
The interface must not hide a material term
Essential information and relevant clauses must be presented in accordance with future consumer and contract legislation.
Simple rule: automation does not satisfy a legal requirement that must be fulfilled in another form and does not eliminate duties of information.