Episode 17 — Validate online assent using clickwrap, browsewrap, and recordkeeping
The method by which an organization obtains agreement from its users online determines the legal enforceability of its terms and policies. This episode compares the legal strength of "clickwrap" agreements, which require a deliberate action, versus "browsewrap" agreements, which rely on the mere use of the site. For the GLEG exam, candidates must be familiar with the "conspicuousness" and "reasonable notice" standards that courts use to evaluate online assent. In practice, validating assent requires robust back-end recordkeeping that logs the IP address, timestamp, and specific version of the agreement accepted by each user. A common pitfall is failing to keep historical versions of terms, making it impossible to prove what a user agreed to three years ago. By implementing clear and well-documented assent processes, you ensure that your organization’s digital contracts are resilient enough to withstand a legal challenge. Produced by BareMetalCyber.com, where you’ll find more cyber audio courses, books, and information to strengthen your educational path. Also, if you want to stay up to date with the latest news, visit DailyCyber.News for a newsletter you can use, and a daily podcast you can commute with.