click wrap agreement Archives

Technology Law: A Comprehensive Annual Review 2024-2025

Sookman it year in review talk presentation

Computer and IT Law: The Year in Review 2024–2025 – Toronto Computer Lawyers Group Presentation

On June 19, 2025, I had the pleasure of presenting my annual “Computer and IT Law: The Year in Review” to the Toronto Computer Lawyers Group. This year’s talk covered legal developments across a wide range of topics including artificial intelligence, copyright, social media, privacy, cybersecurity, blockchain, online contracting and eCommerce.

As in past years, I prepared a comprehensive written paper to accompany the presentation.…

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Top legal developments in e-commerce, privacy and intellectual property

Despite COVID-19, 2020 was an eventful year, chock full of impactful legal developments in e-commerce, technology, privacy, anti-spam, and intellectual property law. Here is a summary of my picks for the top legal developments.

e-commerce

Standard form online agreements and unconscionability

Online and in-App agreements are typically presented to users as “standard form”, “take it or leave it”, “boiler plate” forms. Most common are some variation of a “click-wrap”, “sign-in wrap”, or “browsewrap” agreement. They are used pervasively on websites and on Apps, among other locations.…

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Developments in computer, Internet and e-commerce law: the year in review (2018-2019)

I gave my annual presentation yesterday to the Toronto computer Lawyers’ Group on “The year in review in Computer, Internet and E-Commerce Law”. It covers the period from June 2018 to June 2019. The developments include cases from Canada, the U.S. the U.K., EU, Australia, South Africa, India and other countries.

The developments are organized into the broad topics of:

Privacy / Big Data / AI
Employee / HR
E-commerce / Online Agreements
Online Remedies / Governance / Jurisdiction
Copyright

The cases and other documents referred to are below.…

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Developments in computer, Internet and e-commerce law: the year in review (2017-2018)

I gave my annual presentation today to the Toronto computer Lawyers’ Group on “The year in review in Computer, Internet and E-Commerce Law”. It covers the period from June 2017 to June 2018. The developments include cases from Canada, the U.S. the U.K., Singapore, Australia, and other countries.

The developments are organized into the broad topics of:

Jurisdiction/Online Remedies/Conflicts of Laws
Hyperlinks/Search Results/Computer Generated Content
e-Commerce & Online Agreements
Technology Contracting
Privacy
Copyright
CASL.

The cases referred to are listed below.…

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Developments in Computer, Internet and E-Commerce Law (2012-2013)

Earlier today, I gave my annual presentation to the Toronto Computer Lawyers’ Group on developments in Computer, Internet, and e-commerce Law. The slides cover the period from my last presentation in June 2012, Developments in Computer, Internet and E-Commerce Law (2011-2012).

The cases summarized in the slides below canvass developments in a number of countries and include cases from Canada, United States, UK, Ireland, Australia, and Israel.

CANADA

1004964 Ontario Inc. v. Aviya Technologies Inc., 2013 ONSC 51

A.B…

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CRTC Issues CASL (Canada’s Anti-Spam Law) Guidelines, background and commentary

Last week the CRTC released its first two “information bulletins” intended to help businesses in interpreting CASL and the CRTC’s regulations under CASL. While certain of the Commission’s interpretations are helpful, some are troublesome as they would impose new requirements not contemplated either by the statute or the CRTC’s own regulations. They would necessitate costly compliance, which would particularly affect small and medium-sized businesses and mobile digital commerce.

Under the Commission’s interpretation of its regulations and the related provisions of CASL, among other things:

Users should be given the opportunity to unsubscribe from all messages from the sender, not merely CEMs.

…

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Are “browse wrap” agreements enforceable after the Century 21 v Rogers Communications case?

Last fall, the BC Supreme Court canvassed in great detail whether “web wrap” also known as “browse wrap” agreements are potentially enforceable. Earlier today, I gave a talk at the Law Society of Upper Canada that summarized the conclusions and reasoning of the court in the Century 21 Canada Limited Partnership v. Rogers Communications Inc., 2011 BCSC 1196 case. My slides from the talk are shown below. They also summarize numerous other cases that examine the enforceability of click wrap and web wrap agreements.…

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Developments in Computer, Internet and E-Commerce Law (2011-2012)

Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today, The Year in Review: Developments in Computer, Internet and E-Commerce Law (2011-2012). It covers significant developements since my talk last spring, Developments in Computer, Internet and E-Commerce Law (2010-2011).

The slides include a summary of the following cases:

Kraft Real Estate Investments, LLC v Homeway.com, Inc. 2012 WL 220271 (D.S.Car. Jan 24, 2012)

Swift v. Zynga Game Network, Inc., 805 F.Supp.2d…

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