Define: Digital Communication
Digital Communication, in a contract, means any exchange of information between parties through electronic means, such as email, messaging platforms, portals, or electronic notices, using an electronic device rather than paper or verbal exchange. It typically excludes public service broadcasts. Contracts define it to clarify how valid notices, approvals, and instructions may be sent and received.
Legal accuracy standard set & glossary spot-checked by Imad Mohammed Nazar , Skadden-trained M&A lawyer, Legal Engineer at GenieAI
What Digital Communication Means in a Contract
Digital Communication is a defined term used in agreements to describe how parties may lawfully exchange information without relying on paper documents or face-to-face conversation. It captures emails, text messages, portal notifications, electronic signatures, chat platforms, and similar electronic exchanges between an authorized sender and recipient. The term is deliberately broad enough to cover new technologies while excluding one-way, non-targeted transmissions such as public service broadcasts, which are addressed to the general public rather than to a specific contracting party.
Including this definition allows a contract to treat electronic exchanges as equivalent to traditional written notices for purposes such as giving notice of breach, confirming acceptance of deliverables, or issuing instructions under a service arrangement. Without a clear definition, disputes can arise over whether an email or a message sent through a collaboration tool satisfies a contractual requirement to communicate.
Relevant Circumstances
- Contracting for software development
- Establishing parameters for digital methods of communication within a company
- Laying down rules for data protection and digital correspondence