Breach of an electronic contract is an issue that can cause uncertainty and financial losses. In the digital age, where agreements are signed remotely, it is crucial to know how to act if one of the parties fails to fulfill their obligations.
What is a Breach of an Electronic Contract?
An electronic contract is a digitally signed agreement between two or more parties, carrying the same legal validity as a paper contract. A breach occurs when one party does not fulfill the agreed-upon conditions, whether in payments, product deliveries, or service provisions.
There are different types of breaches:
- Total: When none of the contract terms have been fulfilled.
- Partial: When only a portion of the agreement has been honored.
- Delayed: When there are unjustified delays in contract execution.
Steps to Take if You Face a Breach of Electronic Contract
If you encounter this issue, it is essential to follow a strategy to protect your interests and enforce your rights.
1. Review the Contract and Its Terms
Before taking any action, carefully review the agreed-upon terms. Check clauses regarding deadlines, penalties, and conflict resolution mechanisms.
2. Contact the Other Party
In many cases, breaches occur due to misunderstandings or solvable issues. Try reaching out to the other party to settle the matter amicably.
3. Send a Formal Notice
If communication does not yield results, the next step is to send a formal notice or legal demand. This serves as proof of your claim and can be used as evidence in potential legal proceedings.
4. Use Conflict Resolution Mechanisms
Some contracts include mediation or arbitration clauses. These mechanisms can provide a quick and effective solution without resorting to court.
5. Consider Legal Action
If the breach persists, you may need to take legal action. In Mexico, the Electronic Commerce Law and the Commercial Code recognize the validity of digital contracts and provide tools to enforce them.
How to Protect Yourself from Future Breaches
To prevent future issues, it is crucial to take preventive measures when signing an electronic contract.
1. Use Secure Platforms for Contract Signing
One of the best ways to prevent breaches is to use reliable platforms like Contractualis, which ensure the legal validity and security of digitally signed documents.
2. Ensure the Contract’s Authenticity
Verify that the contract includes certified electronic signatures and complies with regulations such as the NOM-151, which governs the preservation of digital documents in Mexico.
3. Include Clear Breach Clauses
When drafting a contract, make sure to include specific clauses about penalties and resolution mechanisms in case of non-compliance.
Breach of an electronic contract is a real risk, but with the right measures, you can minimize it and respond effectively if it occurs. Using secure platforms and establishing clear contract terms are key to protecting yourself.
If you want to learn more about the security and legal validity of digital documents, we recommend reading this article: Comply with NOM-151 and Avoid Risks in Your Electronic Documents.
