How to ensure the legal effect of electronic contract signing?

It should be emphasized that the different forms of electronic contracts you choose will bring you completely different legal effects, degrees of proof and probative power.

Generally, the electronic contract generated by the system and the electronic contract signed by e-mail have low probative power, and it takes time and energy to prove the authenticity and integrity of the electronic signature (without being tampered with), and the proof is complicated.

The Ministry of Commerce promulgated the "Electronic Contract Process Specification", which encourages everyone to use a third-party electronic contract platform to sign an electronic contract, and uses electronic signature technology to ensure the security, integrity and validity of contract signing, transmission and storage. The most important thing is that the evidence provided by the third-party electronic contract platform is highly probative and easy for the judge.

Article 14 of the Electronic Signatures Act stipulates that reliable electronic signatures have the same legal effect as handwritten signatures. At the same time, article 13 stipulates that an electronic signature can only be considered reliable if it meets the following conditions at the same time:

1) When the electronic signature creation data is used for electronic signatures, it is the exclusive property of the electronic signer;

2) At the time of signing, the electronic signature production data is controlled only by the electronic signer;

3) any changes to the electronic signature after signing can be detected;

4)that any changes to the content and form of the data message after signing can be detected.

1. The original data message can reliably maintain the integrity of the content and tamper-proof, and meet the requirements of the original form and document preservation stipulated by law;

2. Electronic signature, which can identify the signer and signing time, is tamper-proof, and meets the requirements of effective electronic signature stipulated by law;

3. The identity has been validly authenticated by a third party and meets the certification requirements stipulated by law;

There are many conditions required to ensure the validity of electronic contracts.

1.The main function of timestamps is to confirm the time of generation and the immutability of documents, but it does not fully solve the function of personal identity verification.

2.Third-party evidence preservation technology, the deed box platform adopts dual technologies to ensure the safety and effectiveness of the contract, first: cooperate with CA certification, so that the signing has a legal basis, and if necessary, evidence can be obtained and valid evidence can be presented; Second:

Using blockchain technology, the contract is securely stored to prevent tampering.

3.Electronic signature, in a popular sense, electronic signature solves the problem of real-name authentication, that is, to ensure that the law believes that it is "you" who is operating on the other side of the network, and it is "you" who is operating, and once you enter the account operation through the network system, the law will treat or pretend to be your true expression of intent. The first step is to confirm your true identity through the electronic signature system, and the deed box app uses face recognition technology, which helps to establish a sound and reliable Internet credit foundation; In order to verify that your electronic signature is exclusive to you, the deed box adopts encrypted login, and the mobile phone random dynamic password is reserved to ensure that the signing behavior is controlled by the signer.

The Electronic Signature Law of the People's Republic of China stipulates that "a document in which the parties agree to use an electronic signature or data message shall not be denied its legal effect solely because it is in the form of an electronic signature or data message", and "a reliable electronic signature has the same legal effect as a handwritten signature or seal". When you sign, the deed box adopts advanced third-party time taking technology and blockchain certificate preservation technology, and the national authority issues the CA certificate and ensures the uniqueness of the certificate fingerprint, so that the tampering is invalid and the real validity of the signature can be identified.

An electronic contract is legally valid if it meets the following conditions:

1. The original data message leakage can reliably keep the content intact and tamper-proof, and meet the requirements of the original form and document preservation stipulated by law.

2. Electronic signature, which can identify the signer and signing time, is tamper-proof, and meets the requirements of effective electronic signature stipulated by law;

3. The identity has been validly authenticated by a third party and meets the certification requirements stipulated by law.

The parties may conclude a contract in written, oral or other forms. The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed. Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

An electronic contract refers to an agreement between the parties to clarify the relationship of mutual rights and obligations through e-mail and the electronic data exchange in order to achieve a certain purpose under the condition of the network. An electronic contract is an agreement between two or more parties to establish, modify or terminate a relationship of property civil rights and obligations in electronic form through an electronic information network. From the above definition, it can be seen that an electronic contract is a contract concluded in an electronic manner, which mainly refers to an electronic agreement signed by the parties in order to achieve a certain purpose under network conditions, through data messages, e-mails, etc., to clarify the rights and obligations of the two parties.

1. What are the characteristics of electronic contracts?

1. Two or more parties to the contract operate on the network and can not meet each other. The content of the contract and other information are recorded in the intermediary carrier such as the computer or the magnetic stool dust tray, and the process of modification, circulation, and storage is carried out in the computer.

2. The traditional signature and seal method that indicates the entry into force of the contract is replaced by a digital signature (i.e., an electronic signature).

3. The effective place of a traditional contract is generally the place where the contract is formed, while the place of business of the recipient is the place where the contract is concluded in the form of a data message. If there is no principal place of business, the place of habitual residence shall be the place where the contract is concluded.

4. The electronic data relied on by electronic contracts is easy to disappear and easy to change. Electronic data is stored in a magnetic medium, which is an intangible object, and it is not easy to leave traces of alteration and forgery. It has certain limitations as evidence.

1. The original data message can reliably keep the content search complete and tamper-proof, and meet the original form and document preservation requirements stipulated by law;

2. Electronic signature, which can identify the signatory and signing time, is tamper-proof, and satisfies the effective electronic signature requirements stipulated by law;

3. The identity has been validly authenticated by a third party and meets the certification requirements stipulated by law;

However, due to the cumbersome and costly process of ordinary individual or enterprise users to achieve the above conditions, which is contrary to the original intention of electronic signing to speed up and reduce costs, ordinary users only need to choose a reliable third-party electronic contract formation system to sign a valid electronic contract. This is also in line with the provisions of the Ministry of Commerce's "Specification for the Process of Forming Electronic Contracts": "Only by entering into an electronic contract through the electronic contract formation system of a third party (electronic contract service provider) can the fairness of the process and the validity of the results be ensured."

Legal basis: "Electronic Signature Law of the People's Republic of China" Article 3: In contracts or other documents, documents, and other documents in civil activities, the parties may agree to use or not use electronic signatures or data messages. Where the parties agree to use electronic signatures or data messages, their legal effect must not be denied solely because they are in the form of electronic signatures or data messages.

Legal analysis: The following conditions need to be met for an electronic contract to be legally effective:

2. The digital certificate (reliable electronic signature) provided by the legal CA must be used to sign the electronic contract, so as to ensure the authenticity of the identity of the signatory, the integrity of the content and the legitimacy of the digital signature. Article 14 of China's Electronic Signature Law stipulates that "a reliable electronic signature has the same legal effect as a handwritten signature or seal."

Article 16 stipulates: "Where an electronic signature requires third-party authentication, the certification service provider established in accordance with the law shall provide the authentication services. The "reliable electronic signature" referred to here refers to the digital signature generated by the signing of a digital certificate issued by a legal CA.

3. The basic conditions for reliable electronic signing technology are that the certificate used to sign the electronic contract must be issued by a certificate authority trusted by Adobe, and the signed PDF file must be displayed as "Signed Trusted" in Adobe Reader, and the validity of the contract will be automatically verified by Adobe Reader, which can be used worldwide.

Legal basis: Civil Code of the People's Republic of China

Article 143: [Requirements for the Validity of Civil Juristic Acts]Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

According to the laws of our country, only electronic contracts signed with reliable electronic signatures have legal effect.

Legal basis: Article 13 of the Electronic Signature Law An electronic signature shall be deemed to be a reliable electronic signature if it meets the following conditions at the same time:

1) When the data for the creation of electronic signatures is used for electronic signatures, it is the exclusive property of the electronic signatory;

2) At the time of signing, the electronic signature creation data is controlled only by the electronic signer;

3) any alteration of the electronic signature after signing can be detected;

iv)that any changes to the content and form of the data message after signature can be detected.

Parties may also choose to use electronic signatures that meet the reliable conditions they have agreed upon.