For modern legal teams who are invested in protecting their businesses from risk, understanding how courts evaluate online agreements is crucial to success. However, it is evident from the clickwrap statistics that many teams do not fully understand how to design agreements enforceably.
With the best practices from this Clickwrap Litigation Trends Report, legal teams can help product or other technical teams understand the requirements for generating enforceable online agreements.
The widespread adoption of clickwrap agreements
Click-to-accept contracts – also known as clickwrap or clickthrough agreements – have been widely adopted by companies across industries. It is the most frictionless way for website and mobile app users to agree to standardized online terms. The most innovative businesses understand the need for and power of frictionless contracting, and have adopted clickwrap contracts into their business processes.
However, while click-to-accept agreements of all types have become more ubiquitous in the landscape of modern business, knowledge of best practices for using clickwrap agreements has lagged. Product and legal teams engage in guessing games trying to figure out how to enforceably present agreements, capture user assent, and document acceptance.
In 2021, online agreements of all kinds – clickwrap, sign-in-wrap, and browsewrap – had a 66% success rate of enforcement in court. Importantly, most of those unenforceable terms failed because of their non-optimal screen design. This indicates that if businesses can master the nuances of optimal clickwrap design, they can ensure their online terms are enforceable.
What you'll learn in the Clickwrap Litigation Trends Report
Our Clickwrap Litigation Trends Report encapsulates the latest developments in how the courts analyze online agreements: what evidence they rely on to determine contract validity, common trends across industries, and success rates among the types of agreements.
Our report eliminates the guesswork from implementing powerful, secure, and enforceable clickwrap agreements and is a powerful resource for in-house legal teams at software and ecommerce companies, as well as companies in heavily regulated industries who are navigating online and digital-first transactions.
Ironclad is not a law firm, and this post does not constitute or contain legal advice. To evaluate the accuracy, sufficiency, or reliability of the ideas and guidance reflected here, or the applicability of these materials to your business, you should consult with a licensed attorney. Use of and access to any of the resources contained within Ironclad’s site do not create an attorney-client relationship between the user and Ironclad.
- The widespread adoption of clickwrap agreements
- What you'll learn in the Clickwrap Litigation Trends Report
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