Clickwraps

Restricted Stock Unit Agreement In a Clickwrap Upheld

Most people think of "clickwraps" as being associated with digital legal agreements such as "terms of use", "terms of service" and "privacy policies." Makes sense, the clickwrap came about as method for businesses to enforce just those types of agreements. But that is not all a clickwrap can be used for. A properly designed and tracked clickwrap agreement could be used for almost any kind of contract - not just the traditional digital legal agreements that are ubiquitous with internet use.

An interesting court decision published in Massachusetts recently highlights the wide range of potential uses for clickwrap agreements. In EMC Corporation vs Petter, the court held that a Restricted Stock Unit Agreement executed within a clickwrap was enforceable.

And why not? If you present and track a clickwrap agreement the right way, there is no reason why it wouldn't have the same legal effect as the same agreement signed with ink or via an e-signature solution.


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