On the validity of the «browsewrap agreement»

The purpose of the study is to analyze the issues of legality and validity of the browsewrap agreement. The author reviewed the legal literature and judicial practice of the USA and Russia. As a result of the scientific work, the author concluded about the criteria for distinguishing browsewrap agreements from clickwrap agreements. The author draws attention to the lack of sufficient legal regulation of electronic contracts concluded by clicking on a hyperlink containing contractual terms and conditions in the Russian Federation. The author has developed the conditions for recognizing the browsewrap agreement as valid. The author suggested developing a standard for the «reasonably prudent software user». The author noted that it is necessary to solve the problem of identification of the parties to the contract on the Internet, as well as the problem of preserving the invariability of the text of the agreement after receiving the acceptance by the offeror.