This recommendation provides a harmonized model agreement for electronic data interchange (EDI) in commercial transactions, which is internationally accepted. The aim is to strengthen the legal certainty of the commercial relations between the parties concerned and confident in the technology used. With AI-Powered, Daily Deal Recommendations you can find the perfect matches.
An exchange agreement is an agreement concluded between trading partners to define the rules they will adopt to use electronic data interchange (EDI). The agreement also specifies the roles and legal responsibilities of each of the business partners regarding the transmission, reception and storage of electronic messages. The agreement has seven sections covering different aspects, such as:
Scope: The application of the agreement and the reference to the annex which contains a detailed description of the technical procedures that the parties will use for their EDI-type communications.
Communications and operations between the parties: the rules that govern communications between business partners and define how to send messages, including security standards and procedures.
Message processing: reception, acknowledgment of receipt, technical errors.
Validity and enforceability: the legal aspects of using EDI in international trade.
Message content requirements: confidentiality and legal compliance with national laws that define the content of a message.
Liability: in particular a provision of the agreement which allows the parties not to be held liable in the event of force majeure.
General provisions: this section contains provisions that are often found in many types of commercial agreements, such as applicable law, termination, dispute settlement, etc.
Although the model exchange agreement is designed to be used in a bilateral framework between two trading partners, it is easy to apply it in the framework of multilateral relations, for example within a trading community or a professional association. It can also be useful for administrative authorities, such as statistical offices, or trade facilitation bodies, which are working to streamline and harmonize electronic processes and procedures.
The public authorities must carry out legislative and regulatory reforms to make the conditions of the exchange agreement effective. They could do much to increase the legal certainty of using EDI by organizing training and awareness programs, by facilitating access to the exchange agreement model so that stakeholders can take advantage of it and by promoting the use of commercial practices compatible with the provisions of the agreement.
The rapid evolution of information and communication technologies
The immense benefits of these advances do not be implicated. Thanks to these new technologies, it’s easier to communicate, exchange and disseminate information. In the field of health, difficult to imagine deprived of the many possibilities offered by these technologies, whether interacting quickly in a clinical setting, share information, consult colleagues or share their expertise. Like other rapidly developing technologies, the use of ICT presents certain risks.
They should, therefore, be identified in order to exploit their possibilities in a way responsible and respectful, within the framework of the practice of health professionals in accordance with ethical and deontological standards.
Interaction or sharing can take place in the following different contexts:
- University training: PowerPoint, email, etc.
- Therapeutic relationships with people or between professionals: email, text, photo, Skype, file on a USB key, etc.
Whether communicating with a student, patient, client or other professional, discuss cases with colleagues, disseminate professional information or do know aspects of his personal life, any use of ICT requires behavior ethical and responsible that allows obtaining the desired benefits without causing effects undesirable.