Trading with businesses online

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Trading with businesses online, also known as business-to-business (B2B) digital commerce, involves businesses entering commercial transactions carried out electronically through digital channels such as websites, online platforms, portals, mobile apps, electronic data interchange (EDI) and application programming interfaces (API). These channels support automated ordering, real-time data exchange and scalable digital supply chains.

This Overview introduces the contractual issues that commonly arise when businesses trade online. It signposts guidance on forming B2B contracts online, incorporating standard terms, using online trading documents, complying with trading disclosure requirements, executing documents electronically, using smart legal contracts and managing email notices and disclaimers.

For an introduction to the topic, see Practice Note: Digital commerce—introduction

For more information on the regulation of digital commerce more widely, see: Regulation of digital commerce—overview.

B2B online contract formation

When conducting B2B digital commerce online, businesses should ensure that clear processes are in place for the formation of legally binding contracts. This may include making contractual terms available before a transaction is completed, requiring customers to actively accept those terms, and clearly explaining the steps

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