Features of concluding e-contracts for the provision of it services by e-commerce entities

Abstract

The article investigates the features of concluding electronic contracts by e-commerce entities in the provision ofIT services
through information and communication systems, focusing on the stage of signing with an electronic signature.
A comparative analysis of national legislation and European Union regulations governing certain aspects of e-commerce
is conducted. The author reveals that the concept of an electronic signature with a one-time identifier does not exist in EU
legislation but notes the similarity between this concept and the definition of a unique identifier as set out in Directive
(EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal
market, which serves different purposes than as a tool for signing electronic documents. The author describes the range
of subjects involved in legal relations in the field of e-commerce and concludes that the subject of such legal relations
may be either an individual entrepreneur or another business entity of any organizational and legal form that sells goods,
performs works, or provides services using information and communication systems, or a person who purchases, orders,
or uses said goods, works, or services by means of an electronic transaction. The author analyzes concepts such
as “electronic contract”, “electronic transaction”, “electronic signature with one-time identifier”, and “electronic form”
within the context of Ukrainian legislation. The author emphasizes that an electronic contract and an electronic signature
with a one-time identifier are widely used by e-commerce entities for providing information and consulting services
in the IT sector. The article provides one of the options for presenting the process of concluding a contract using
the information and telecommunication system of a service provider, which also provides for client identification
and an electronic signature with a one-time identifier. The author proposes improving Ukrainian legislation on the use
of a simple electronic signature in e-commerce, instead of an electronic signature with a one-time identifier, which will
allow the separation of the identification and authentication process using unique (one-time) identifiers from the process
of signing an electronic contract.