Quote:Original post by CMD
Thanks for the replies. Does this means a "I agree checkbox" is legally binding?
@Yann
I'm in Germany.
Not a chance then. German courts are notorious about requiring everything in writing - and by writing I mean signed in ink on physical paper. Even faxes are not always accepted, since they are pretty easy to counterfeit using digital technology. There are some established (ie. historic but still valid) business procedures that are legally binding without a physical support (eg. "Handschlag"), but none is portable to a digital medium, because it requires the physical presence of both parties, and sometimes a third neutral one.
Now, digital signing procedures are currently being installed by the EU, and those will be legally binding. They require governmentally issued encryption keys, and a specific cryptographic signing process. AFAIK, there are no widespread solutions available yet though.
That said, clicking a box would be legally binding, if you could prove without a doubt that:
a) the document or data is only accessible through the NDA page, and that there is no other way. No direct link to the content bypassing the NDA, nothing. This can be very difficult to implement technically, and to prove to a technically incompetent judge.
b) you can guarantee the identity of the signing party. This is almost impossible in Germany, due to very strict privacy laws. You can record their IP, but you'll never be able to prove their identity through an ISP match, unless a crime is somehow involved.
And finally, be careful when copying American NDAs and/or EULAs available on the net. Often, 50% and more clauses typically found in American EULAs are invalid in EU countries, because they conflict with local law. This can render the entrie agreement null and void. Make sure to draft an agreement in accordance with local law.
Essentially, get a lawyer :)