Definition
Clickwrap agreement
An online contract you accept by actively clicking or ticking an "I agree" box before you can continue.
In Depth
Clickwrap is everywhere online, from signing up for software to checking out of a store. Because you have to take a clear, deliberate action to accept, courts tend to enforce these agreements, provided the terms were shown conspicuously and you clearly signalled your agreement. This is what separates clickwrap from weaker "browsewrap" setups, where terms are merely linked somewhere on the page without any active click.
Varies by region in how enforceability is judged, even though the basic idea is shared. In the US the standard comes from case law, focused on reasonable notice and clear assent. In the UK enforceability turns on ordinary contract-formation principles plus consumer-protection rules such as the Consumer Rights Act 2015. In the EU the same contract logic applies, and where personal data is involved the GDPR separately requires a clear, affirmative opt-in, which a clickwrap can provide.
Sources
- US: Specht v. Netscape Communications Corp., 306 F.3d 17 (2d Cir. 2002) (Justia) - Reasonably conspicuous notice of the existence of contract terms and unambiguous manifestation of assent to those terms by consumers are essential if electronic bargaining is to have integrity and credibility.
- UK: Consumer Rights Act 2015 (legislation.gov.uk) Regulation legislation.gov.uk/ukpga/2015/15/contents
- EU: Regulation (EU) 2016/679 (GDPR), Art. 4(11) definition of consent, EUR-Lex - 'consent' of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she ... signifies agreement. Regulation eur-lex.europa.eu/eli/reg/2016/679/oj