Obchodní smlouvy v digitálním prostředí

Traditional paper contracts are usually the basis of all business obligations. Over time, however, the constant evolution of technology and digitization has led to a massive transition from paper-based business contracts to electronic formats and associated processes. Electronization, or electronic transformation, of business contracts is primarily due to progress in technology. In particular, the aim of electronization is to streamline and modernise the way in which contracts are drawn up, negotiated, signed, concluded, but also managed and stored.
The definition of business contracts in the context of electronization needs to take into account a number of key aspects relating to this issue e.g. trust services for electronic transactions, electronic contracting platforms or blockchain technology. The automation of such processes ensures the efficient management of each step in the life cycle of the business contracts.
The electronization of business contracts thus brings a number of benefits(reducing the time needed to conclude, automated business or streamlining approval processes etc.) but also many pitfalls. Therefore, it is necessary to develop measures in the field of abuse by the parties to business contracts, but also in the field of cybersecurity.
In the context of the grant project, the researchers intend to analyse the electronization of business contracts, in particular from the point of view of the United Nations Convention on Contracts for the International Sale of Goods (the so-called 'CISG') which will examine the electronization of international purchase contracts and related contracting processes.
Furthermore, the researchers will focus on the bank guarantee as a specific institution of debt security, namely the bank guarantee issued in electronic form. How has the amendment to Act No. 134/2016 Coll., on public procurement, made by Amendment No. 166/2023 Coll. with effect from 16 July 2023, affected the practice of issuing bank guarantees in electronic form? What application problems do participants of electronic bank guarantees most often encounter and how to solve these difficulties?
The researchers will also examine the area of anticompetitive agreements in the digital environment pursuant to the amendment to Act No. 226/2023 Coll., amending Act No. 143/2001 Coll., on the protection of competition and Directive (EU) 2019/1 of the European Parliament and of the Council of 11 December 2018 to to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market (the so-called 'ECN+ Directive'). In particular, under the leniency and settlement arrangements under Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) (the so-called 'DMA Regulation').
Last but not least, the researchers will address the question of the approach of Czech and foreign courts to the question of the bindingness (validity, apparent validity) of legal acts, especially in mandatory written form, in cases where the legal act is performed digitally (electronically), in particular, by e-mail (signed or unsigned) or by exchange of expressions of will by sending electronically signed attachments by e-mail, or scans of documents with ordinary signatures, as well as through online platforms and software, and other means of expressions of will in digital (electronic) form.
Finally, the researchers will also define the issue from the perspective of abusive practices found in electronic business contracts, but also with regard to digital goods or services. Does the current legislation in the Czech Republic, selected countries and EU law sufficiently allow traders to treat consumers in electronic contracts in accordance with it and thus ensure the necessary protection for consumers?