Договорно-правовые аспекты использования click-wrap соглашений в Российской Федерации

Вестник гражданского права. 2025. Т. 25. № 2. С. 266–290.

Savelyev A.

The article examines the most relevant contract law aspects of using click-wrap agreements, which currently represent the most common method of concluding contracts on the Internet. The article identifies key features of such agreements: the absence of negotiations on their terms, their existence exclusively in digital form, and the remote nature of their conclusion. These features are the root cause of legal issues associated with the use of click-wrap agreements. Particular attention in the article is paid to analyzing the potential consequences of including impermissible or unfair terms in such contracts, which may impose burdensome obligations on users. The article addresses issues related to frequent unilateral amendments to agreement terms by service providers, as well as risks associated with the inaccessibility of agreement terms due to technical failures or blockages by Roskomnadzor. Additionally, the article explores cases where users challenge the legal validity of click-wrap agreements, including arguments that they did not check the "I agree" box or that employees of an organization who checked it lacked the necessary authority.

Keywords: договор присоединения, click-wrap agreement, click-wrap agreement, unfair contract terms, несправедливые условия договора, contract of adhesion, полномочия из обстановки