The specificities of contractual freedom in electronic commercial offerings according to Law 18-05 relating to electronic commerce

Abstract

Given recent developments in the field of commercial transactions, the Algerian legislative system sought to keep pace with these developments by enacting Law 18-05 of May 10, 2018, concerning e-commerce, as part of Algeria's steps towards adopting e-government. E-commerce relies on electronic commercial transactions preceded by an electronic commercial offer, as defined in Article 10 of Law 18-05: "Every electronic commercial transaction must be preceded by an electronic commercial offer, which must be documented by an electronic contract ratified by the electronic consumer." Articles 11 and 12 specify the method and manner of this electronic commercial offer, which is subject to specificities regarding the principle of freedom of contract in concluding the electronic contract. Therefore, this study aims to define the concept of the electronic commercial offer and the impact of the principle of freedom of contract on this offer, considering it as a stage of negotiations for the electronic commercial contract, and the extent of the responsibilities incumbent upon the electronic consumer and the electronic supplier in concluding this contract. From this perspective, we will examine the topic through the following question: What is the impact of the principle of freedom of contract on the electronic commercial offer according to Law 18-05?