the essentials of edi law — a straightforward legal framework to protect your business: peter...

1
computers. At the end of the ad, a toll- free number was shown in green: 05- 444-999. I immediately phoned this number.., and heard the well known voice of French Northern Telecom's Meridian Mail saying in English: "For technical reasons, your call cannot be transferred to the appropriate person. Call later or leave a message after the tone." The dial of 0* gives open door to more than... Dell information. My letter to this company is already without (free voice) answer! Jean-Bernard Condat General Secretary, Chaos Computer Club, France. Editor of the French journal Chaos Digest (ISSN 1244-4901) related to computer security. !iiiiii" ..................................................................................................................................................................................... BOOK REVIEW ELECTRONIC DATA INTERCHANGE Peter Jones and David Marsh: The Essentials of EDI Law - A Straightforward Legal Framework To Protect Your Business. 1993 Softcover 141p. The first version of this book was directed specifically at EDI and Canadian law, written by Peter Jones in 1992. This is the second version which principally follows the same layout as the first book, but being aimed primarily at English Jaw and EDI, is now written by David Marsh. David Marsh, the author is well qualified to write this book, he has been a prominent legal commentator on EDI for a number of years. According to the author, the main purpose of the book is to "enable the reader to consider in general terms the legal implications of the use of EDI for the transaction of business". To facilitate 'reader accessibility' the book actively avoids the complex legal jargon which can so often give a sense of fear to those readers who have no legal background. Instead, the book gives a clear and simple discussion of key legal problems, combined with useful practical advice. The format of the book mirrors the Canadian edition? Chapter One provides an introduction to the book. Chapter Two concentrates principally on an introduction to EDI technology, what is EDI, what are message standards and how message standards are designed (indeed, no EDI book worth its salt would be without a chapter on technology). In the latter part of this section the author introduces the reader to some of the legal problems raised when translating a physical document to its electronic message equivalent. Chapter Three introduces the reader to a wider perspective !i!! of EDI, concentrating upon the relationship between governmental policy, the law and EDI. Chapter Four specifically tackles some common legal concerns which EDI raises. Although primarily this is directed at English law, the author by way of comparison, includes a discussion of other jurisdictions. Chapter Five introduces the reader to the role of interchange agreements in EDI, explaining some of the underlying reasons for their introduction and perhaps more ~mportantly reviews the benefits of using them. Both Chapters Six and Seven are a continuation of Chapter Five, analysing in some detail the individual clauses of the Standard UK EDI Association Interchange Agreement (a copy of which is reproduced in the Appendix). Chapter Eight outlines some of the issues when under- standing the relationship between the traditional inter- change agreement and the underlying business contract which contains the standards terms and conditions of business. Chapter Nine reviews some of the legal problems and outlines some key practical ~ssues which may arise when using a Value-added Network Service. Chapter Ten considers the problem of a "computer forming a contract which ~sa mistake" this problem is perceived by many as a "major concern when using EDI". This chapter s useful n itself as it provides a logical approach shedding light on this problem. The final chapter reviews the egal implications when applying EDI to the payment process, that is financial EDI. In summary, this book is a recommended read as a good introductory book for both awyers and, especially, non- lawyers. For any business manager considering the EDI option or using EDI an understanding of the legal environment in which EDI operates is both important and interesting. Available from the EDI Association, 148 Buckingham Palace Road, London SWIW 9TR, UK. Tel: 071 824 8848; fax: 071 824 8114. Review by Alastair Ross Research student, Southampton University 91

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Page 1: The essentials of EDI law — A Straightforward legal framework to protect your business: Peter Jones and David Marsh 1993 Softcover 141p

computers. At the end of the ad, a toll- free number was shown in green: 05- 444-999. I immediately phoned this number.., and heard the well known voice of French Northern Telecom's Meridian Mail saying in English: "For

technical reasons, your call cannot be transferred to the appropriate person. Call later or leave a message after the tone." The dial of 0* gives open door to more than... Dell information. My letter to this company is already without (free

voice) answer! Jean-Bernard Condat General Secretary, Chaos Computer Club, France. Editor of the French journal Chaos Digest (ISSN 1244-4901) related to computer security.

!iiiiii" ..................................................................................................................................................................................... BOOK REVIEW ELECTRONIC DATA INTERCHANGE

Peter Jones and David Marsh: The Essentials of EDI Law - A Straightforward Legal Framework To Protect Your Business. 1993 Softcover 141p. The first version of this book was directed specifically at EDI and Canadian law, written by Peter Jones in 1992. This is the second version which principally follows the same layout as the first book, but being aimed primarily at English Jaw and EDI, is now written by David Marsh. David Marsh, the author is well qualified to write this book, he has been a prominent legal commentator on EDI for a number of years. According to the author, the main purpose of the book is to "enable the reader to consider in general terms the legal implications of the use of EDI for the transaction of business". To facilitate 'reader accessibility' the book actively avoids the complex legal jargon which can so often give a sense of fear to those readers who have no legal background. Instead, the book gives a clear and simple discussion of key legal problems, combined with useful practical advice. The format of the book mirrors the Canadian edition? Chapter One provides an introduction to the book. Chapter Two concentrates principally on an introduction to EDI technology, what is EDI, what are message standards and how message standards are designed (indeed, no EDI book worth its salt would be without a chapter on technology). In the latter part of this section the author introduces the reader to some of the legal problems raised when translating a physical document to its electronic message equivalent. Chapter Three introduces the reader to a wider perspective

!i!! of EDI, concentrating upon the relationship between governmental policy, the law and EDI. Chapter Four specifically tackles some common legal concerns which EDI raises. Although primarily this is directed at English law, the author by way of comparison,

includes a discussion of other jurisdictions. Chapter Five introduces the reader to the role of interchange agreements in EDI, explaining some of the underlying reasons for their introduction and perhaps more ~mportantly reviews the benefits of using them. Both Chapters Six and Seven are a continuation of Chapter Five, analysing in some detail the individual clauses of the Standard UK EDI Association Interchange Agreement (a copy of which is reproduced in the Appendix). Chapter Eight outlines some of the issues when under- standing the relationship between the traditional inter- change agreement and the underlying business contract which contains the standards terms and conditions of business. Chapter Nine reviews some of the legal problems and outlines some key practical ~ssues which may arise when using a Value-added Network Service. Chapter Ten considers the problem of a "computer forming a contract which ~s a mistake" this problem is perceived by many as a "major concern when using EDI". This chapter s useful n itself as it provides a logical approach shedding light on this problem. The final chapter reviews the egal implications when applying EDI to the payment process, that is financial EDI. In summary, this book is a recommended read as a good introductory book for both awyers and, especially, non- lawyers. For any business manager considering the EDI option or using EDI an understanding of the legal environment in which EDI operates is both important and interesting. Available from the EDI Association, 148 Buckingham Palace Road, London SWIW 9TR, UK. Tel: 071 824 8848; fax: 071 824 8114. Review by Alastair Ross Research student, Southampton University

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