Civil-law regulation of electronic contracts: Current challenges in marketing and the digital economy

Abstract

In today’s digital society, electronic contracts have become a key element of civil transactions, ranging from simple online purchases to complex financial agreements. This growing reliance on remote, digital interactions challenges traditional civil-law frameworks and calls for a reassessment of contract formation rules, especially in light of modern marketing practices. Aggressive or manipulative marketing may significantly influence a party’s intent, raising concerns about the voluntariness and validity of consent in electronic agreements. This article explores the civil-law aspects of electronic contract formation and execution in the context of the digital economy. It focuses on how marketing tools—such as personalized advertising, automated platforms, and digital analytics—affect the expression of will and the integrity of contractual intent. The study applies general scientific and specialized legal methods, including formal legal, systemic, comparative, and analytical approaches, to examine regulatory frameworks, academic literature, and practical examples of e-commerce. Findings reveal that Ukrainian civil legislation only partially addresses the specificities of electronic contracts, resulting in legal uncertainty and enforcement difficulties. The article underscores the need for improved mechanisms regarding party identification, consent verification, electronic signatures, and the handling of digital evidence. Comparative legal analysis of EU and U.S. practices suggests directions for aligning Ukrainian law with international standards. Future research should focus on legal challenges posed by emerging technologies, such as blockchain and AI-driven contracting systems, and on enhancing consumer protection in online environments. Harmonizing national and international legal standards will be key to ensuring the legal validity and fairness of electronic contracts in the digital era.