Some country-specific observations  There are both enabling and limiting factors in French law in relation to smart contracts. French Civil Code France envisages possibility of contracting electronically ?t  But essential terms would need to be accessible and understandable by each party, and a technical ca mechanism must be available to express consent r t  China’s Electronic Signature Law facilitates electronic contracting. Also relevant will be China’s Contract Law on China  Where parties form contract by data messaging, either party may request option to sign letter of c conformation before conclusion of the contract. Such requirement could impact upon the efficacy of smart contracts in China ng  A smart contract may be considered a standard form contract, to which additional controls apply di  The Electronic Communications and Transactions Act 2002 gives communications via data messages the n same effect as non-electronic documents. Although the Act provides for formation of an contract by an bi South Africa electronic agent (which might include a smart contract), if the terms are not capable of being reviewed by a y natural person prior to the contract forming, a party interacting with an electronic agent is not bound ll  This means there must be an option to review the terms by a natural person, and to correct errors, before a ga contract is formed  Uniform Electronic Commerce Act 1999 facilitates electronic contracting, but silent in a number of respects Le in relation to smart contracts. Such aspects are determined by common law Canada  Among other things, establishing the requirement of reasonable notice in respect of computer code could be challenging  Also unclear whether follow-on contracts initiated by a smart contract could have binding legal effect UNRESTRICTED 159

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