Electronic Commerce Law: The Legal Validity of Contracts Concluded Online

Abstract

The development of the digital economy has directly influenced the transformation of the manner in which contracts are concluded, shifting a significant portion of legal relationships from the traditional form to the electronic environment. In this context, the paper addresses the legal validity of contracts concluded online and examines whether the classical elements of a contract, such as consent, capacity, object, and form, can also be validly realized in the digital environment. The paper is based on a dogmatic-legal, comparative, and critical-analytical approach. Through this approach, the provisions of Kosovo legislation regulating electronic contracts, electronic signatures, electronic identification, and consumer protection are analyzed and compared with the main standards of European Union law. The findings of the paper indicate that Kosovo legislation, in principle, recognizes the validity of contracts concluded online and has established an important legal basis for the use of electronic form. Nevertheless, harmonization with European Union law remains partial, particularly regarding contracts for digital content, digital services, goods with digital elements, and standards for proving online consent. The paper concludes that, in addition to normative reform, clearer practical standards are also needed for the preservation of electronic evidence, contractual transparency, and legal certainty in digital commerce.