So-called “browsewrap” agreements, common on e-commerce websites, are not enforceable, according to a recent decision by the California Court of Appeal for the Second Appellate District. Fenwick partner Eric Ball spoke with Corporate Counsel about the decision.
“More and more courts are saying that a browsewrap agreement is not binding,” Ball told Corporate Counsel. “If you just have a hyperlink down at the bottom (of a web page), it’s likely that is not going to be a binding agreement on the user unless the user has actual knowledge of it.”
The customer disagreed, and the court agreed with him.