The Government stated in its March 1999 consultation document that ‘as far as possible the law is technology neutral in its application’. In short, its intention was to create a level playing field to ensure the risks associated with online contracting are not too far removed from those arising from traditional paper-based contracts. Unfortunately, this assumption is flawed. The reality is that contracting online presents different challenges for modern business.
Before contracting online, businesses should establish any restrictions on their potential customer base. Once a business launches its website, there are no geographic boundaries – unless blocking technology or passwords are employed. Theoretically, anyone with access to the internet can access the website.
