The internet, social media, smartphones and encryption have radically changed the way goods are bought, sold and advertised. In doing so, they have opened up new markets and increased economic opportunities, enabling advertising to reach a global and more targeted audience. Individuals can start an online business or take on a second job more easily than ever before. Technology has disrupted many areas of the economy. Digital currencies, such as Bitcoin, have facilitated encrypted online transactions without the need for processing by a third party such as a bank. Blockchain technology has enabled contracts to be executed online instead of requiring a hard copy to be signed by the parties as a means of verifying an agreement. Online businesses have emerged to disrupt traditional models in a range of sectors, including transportation, where ride- sharing apps have challenge taxis; accommodation, in the form of apps used to book private homes or rooms for short stays; and online clothing retailers that can offer substantially reduced prices with minimal rent and staffing costs. Developments such as these raise a number of legal and regulatory issues; for example, digital currencies may increase opportunities for fraud and create challenges for law enforcement agencies investigating online distributors of illegal drugs. In considering the issues associated with law, technology and commerce, this chapter begins with a discussion of digital currencies, and then proceeds to examine online markets and services, electronic contracting, and changes brought by new technology for professional services and other businesses. Emerging issues such as anti-competitive practices are also discussed.

This chapter engages with international aspects of commercial law. It provides a background introduction to private international law, and an overview of recent developments in major treaties on international trade. The recent US–China trade conflicts and Brexit are also referred to. The chapter then focuses on two specific topics in relation to international sales contracts. The first of these is the Australian rules of private international law in relation to contracts with a foreign element. The chapter examines the theory of private international law, the main treaties on international trade (including Brexit and the Australia–UK Free Trade Agreement), and the key principles for determining the proper law of contract under private international law. The second topic is the international sale of goods. The chapter focuses on the Convention on Contracts for the International Sale of Goods 1980 (CISG, or Vienna Convention), and the Incoterms of the International Chamber of Commerce (ICC).