Privacy of Mutual Consent in Electronic Contracts

Libya is an Example

Abstract

The development of technology has led to the development of e-commerce, especially in the field of selling goods and services electronically, as this process is characterized by the speed of communication between the two parties to the contract. If the traditional contract is based on the concepts of mutual offer and acceptance in a real council, the electronic offer and acceptance have been affected by the privacy of the electronic contract; because it is concluded without the two parties having a physical presence in the contract council at the time of its conclusion. In addition, the spread of the Internet has removed the borders between countries, especially in the field of e-commerce, which has resulted in the difficulty of determining the place and time of concluding the electronic contract, which is concluded in a virtual, immediate and contemporary contract council. The study aims to focus on the problem related to the privacy of consent in electronic contracts in terms of the validity of the offer and acceptance, and the place and time of concluding the electronic contract in Libyan law. While the importance of the study is evident in analyzing the legal texts in Libyan legislation on the issue of the privacy of electronic consent, and proposing solutions to address legislative shortcomings in line with the major developments in the field of e-commerce. The study will follow the descriptive analytical approach, by analyzing the texts of the Libyan law regarding the Libyan Electronic Transactions Law, as well as the Libyan Semantic Law, in addition to the comparative approach between the texts of the Libyan law, and some legislations that regulated electronic transactions accurately. What is the role of the Libyan legislative environment in regulating electronic transactions, especially in addressing problems and disputes in light of the lack of legal culture among those dealing with electronic commerce, especially in Libya?