Foundations of B2B electronic contracting

Nowadays, flexible electronic cooperation paradigms are required for core business processes to meet the speed and flexibility requirements dictated by fast-changing markets. These paradigms should include the functionality to establish the formal business relationship required by the importance of these core processes. The business relationship should be established in an automated, electronic way in order to match the speed and flexibility requirements mentioned above. As such, it should considerably improve on the ineffectiveness and inefficiency of traditional contracting in this context. The result of the establishment should be a detailed electronic contract that contains a complete specification of the intended cooperation between organizations. Electronic contracts should contain a precise and unambiguous specification of the collaboration at both the conceptual and technological level. Existing commercial software solutions for business-to-business contracting provide low level of automation and concentrate solely on the automated management of the contract enactment. However, in the modern, dynamic, business settings, an econtracting system has to support high automation of the e-contract establishment, enactment, and management. In the thesis, the business, legal, and technological requirements for the development of a highly automated e-contracting system are investigated. Models that satisfy these requirements and that can be used as a foundation for the implementation of an electronic contracting system are defined. First, the thesis presents the business benefits introduced to companies by highly automated electronic contracting. Next, a data and process analysis of electronic contracting is presented. The specification of electronic contracts and the required process support for electronic contract establishment and enactment are investigated. The business benefits and data and process models defined in the thesis are validated on the basis of two business cases from on-line advertising, namely the cases of online advertising in "De Telegraaf" and "Google". Finally, the thesis presents a specification of the functionalities that must be provided by an e-contracting system. A conceptual reference architecture that can be used as a starting point in the design and implementation of an electronic contracting system is defined. The work in the thesis is conducted on the intersection of the scientific areas of conceptual information and process modeling and specification on the one hand and distributed information system architecture modeling on the other hand

A method for creating digital signature policies.

Increased political pressures towards a more efficient public sector have resulted in the increased proliferation of electronic documents and associated technologies such as Digital Signatures. Whilst Digital Signatures provide electronic document security functions, they do not confer legal meaning of a signature which captures the conditions under which a signature can be deemed to be legally valid. Whilst in the paper-world this information is often communicated implicitly, verbally or through notes within the document itself, in the electronic world a technological tool is required to communicate this meaning; one such technological aid is the Digital Signature Policy. In a transaction where the legality of a signature must be established, a Digital Signature Policy can confer the necessary contextual information that is required to make such a judgment. The Digital Signature Policy captures information such as the terms to which a signatory wishes to bind himself, the actual legal clauses and acts being invoked by the process of signing, the conditions under which a signatory's signature is deemed legally valid and other such information. As this is a relatively new technology, little literature exists on this topic. This research was conducted in an Action Research collaboration with a Spanish Public Sector organisation that sought to introduce Digital Signature Policy technology; their specific research problem was that the production of Digital Signature Policies was time consuming, resource intensive, arduous and suffered from lack of quality. The research therefore sought to develop a new and improved method for creating Digital Signature Policies. The researcher collaborated with the problem owner, as is typical of Participative Action Research. The research resulted in the development of a number of Information Systems artefacts, the development of a method for creating Digital Signature Policies and finally led to a stage where the problem owner could successfully develop the research further without the researcher's further input

A Constraint-Driven System for Contract Assembly

We present an approach for modelling the structure and coarse content of legal documents with a view to providing automated support for the drafting of contracts and contract database retrieval. The approach is designed to be applicable where contract drafting is based on model-form contracts or on existing examples of a similar type. The main features of the approach are: (1) the representation addresses the structure and the interrelationships between the constituent parts of contracts, but not the text of the document itself; (2) the representation of documents is separated from the mechanisms that manipulate it; and (3) the drafting process is subject to a collection of explicitly stated constraints that govern the structure of the documents. We describe the representation of document instances and of `generic documents', which are data structures used to drive the creation of new document instances, and we show extracts from a sample session to illustrate the features of a prototype system implemented in MacProlog