This topic will provide you with an overview of what a Clickwrap is.
What is a Clickwrap?
A Clickwrap is an online, legally binding contract where assent is manifested via clicking a button or checking a box with text that says "I agree" or "I accept." Its name originates from "shrinkwrap agreements" that came inside the CD-ROMs of the 1990's.
Similarly, a "browsewrap" agreement or "sign-in wrap" agreement is a message telling website users that, by continuing to use the site or signing in to the app, they are agreeing to the terms.
With Clickwrap, the traditional act of signing, or eSigning, a contract is replaced with the clicking action. The Clickwrap "signature" is a collection of key data points about the counterparty and the context in which they agreed to the Clickwrap, that comprises an audit trail confirming their "active assent" to the agreement by clicking.
Learn more about Clickwraps in "What is a Clickwrap Agreement."
Is a Clickwrap Legally Binding?
- The Electronic Signatures in Global and National Commerce (E-SIGN) Act (15 U.S.C. §§7001-7031)
- The Uniform Electronic Transactions Act (UETA) (7A Pt. 1 U.LA. 211, 211-99 (2002))
- Additionally many states have adopted some form of the UETA