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1. Comparison of signing processes:From the following figure**, we can see that there are significant differences between electronic contracts and paper contracts from initiation to final archiving
Difference Analysis:
In terms of operation process alone, compared with the paper contract sealing process, the use process of electronic contracts has the following changes:
Streamlining the process:Eliminate printing, round-trip delivery and other links, and shorten the overall cycle of contract management;
Make sure it's consistent:The whole process is operated online, and the data transmission is traced to ensure the consistency of the file content;
Cost Savings:Electronic document transmission, stamping, storage, eliminating paper, storage and other energy consumption;
2. Comparison of management and control processes:The differences between electronic contracts and paper contracts in process control are as follows:
Difference Analysis:
1) Comparison of operation convenience:
Contract Template Management:Compared with paper contracts, users have a better ability to control contract templates under the electronic contract model. In addition to drafting or maintaining contract content locally, it is more inclusive of electronic contracts.
Signing Method Management:Paper contracts are signed offline or by mail based on the trust of both parties; The electronic contract is the whole process, and the operation speed and timeliness are improved through a variety of mobile signing methods;
2) Comparison of authenticity identification:
Content Consistency Guarantee:Authenticity of signatures:Paper contracts are often used to identify the authenticity of the paper contract through the public security organ in order to limit the liability after the dispute will be lost, and the appraisal lags behind, making it difficult to prevent the occurrence of hidden dangers;
The electronic contract is to ensure that the identity of the contract content is identifiable and cannot be tampered with through digital signature technology, and the authenticity can be quickly identified through the first signature inspection, and an authoritative notarial certificate or judicial appraisal can also be issued according to actual needs to prove its authenticity and validity.
3) Cost control comparison:
In addition to the round-trip shipping cost and the occupation of storage space, the difficulty of storing, accessing and archiving the contract will increase with the number of years. The electronic contract will consume zero paper, freight, storage space and other links; Through the transmission and storage, the speed is increased, the cost is reduced, and the risk is controlled.
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Electronic contracts are an alternative to paper contracts and also have legal effect. The differences are:1
Cost savings: Electronic contracts save printing and mailing costs compared to paper contracts; 2.Safer:
ZBJ's electronic contract uses timestamp technology, blockchain and encryption technology to prevent electronic contracts from being usurped, and is more secure to use than paper contracts.
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Compared with traditional contracts, electronic contracts have the following characteristics:
Second, the process of making a contract has changed, and all aspects of the process of making an electronic contract have to be carried out through the Internet, and the determination of the time of issuance and receipt of offers and promises is more complicated. In addition, the performance of electronic contracts is more complex than traditional contracts.
Third, traditional contracts can only be effective if they are signed or sealed by the parties, but electronic contracts are replaced by simple forms of electronic data signatures.
Fourth, fourth, electronic contracts are efficient and convenient.
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1. In terms of cost, electronic contracts do not need paper and do not take up space.
2. From the perspective of human resources, electronic contracts can be managed by the platform without special personnel.
3. The remote signing of electronic contracts does not need to be mailed by express mail, but only needs to be completed at the network terminal.
4. It is convenient and fast to sign electronic contracts, which greatly improves work efficiency.
6. The electronic contract of Bajie Finance and Taxation is only available in our company, which is low-cost, convenient and fast, and you can go to learn about it.
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You can refer to the figure below to compare the differences between electronic contracts and paper contracts in terms of "storage costs", "labor costs", "express delivery", "work efficiency", "safety management" and "environmental protection value".
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First, work efficiency
Traditional paper contracts:
Due to the lack of ready-made templates, it often takes a long time to draft a contract, and a lot of time is spent on confirming the content of the contract and reviewing the statement of the terms. Once the version is finalized, it also takes a lot of time to mail it back and forth during the contract signing process.
Sign the shield electronic contract:
A variety of contract templates have been embedded in the system, and all of them have been reviewed, and the content is not missing and the expression is not ambiguous, so users can use it with confidence. Using templates, users can focus on personalizing specific content, which greatly improves the efficiency of contract production and the quality of the contract itself. Signing the shield electronic contract also supports custom user templates, and you can choose between two ways.
The signing of the electronic contract can be completed in the network environment, supporting a variety of issuance methods such as computer web pages, mobile phone web pages, and WeChat, eliminating the steps of waiting, approval, and delivery, simplifying the signing process and form, reducing the occurrence of uncertain factors such as round-trip time and other factors affecting the signing, making it faster and more convenient, and truly realizing anytime, anywhere, and signing if you want.
2. Security
Traditional paper contracts:
The authenticity of the seal and signature and the legitimacy of the signing entity cannot be guaranteed in the signing of the paper contract; Mismatching, loss, and leakage are prone to occur during transmission and storage, and security cannot be effectively guaranteed.
Sign the shield electronic contract:
As a leading one-stop SaaS platform for electronic contract signing in China, Signshield Electronic Contract has obtained CFCA electronic certification service license, ISO27001 information security management certification, software copyright, and commercial cryptography product sales license;
The electronic contract adopts real-name authentication + digital authentication to ensure that the identity is true and valid;
The electronic contract adopts encryption algorithm contract cloud storage to prevent loss, and hash cryptography technology to ensure the security of the contract; The "timestamp technology" is used to solidify the signature time to prevent the contract terms and signature information from being tampered with.
3. Legal benefits
Traditional paper contracts:
In e-commerce, it is difficult for the offline written contract adopted in traditional business transactions to adapt to the rapid development of online commerce. The ever-changing Internet environment and the emergence of endless business models make it very difficult for traditional post-event forensics.
Sign the shield electronic contract:
The state has promulgated the "Electronic Signature Law", and electronic contracts have the same legal effect as paper contracts;
The electronic contract of Signshield uses reliable electronic signature technology, and the legal effect of the electronic contract of the platform has been recognized by the arbitration judicial authority, and when a dispute occurs, it can be used as legal evidence without notarization;
Fourth, management experience
Traditional paper contracts:
When paper contracts go through the process of printing, mailing, storage, etc., each step requires the participation of "people", and even a dedicated contract administrator needs to be configured. In addition, it is often necessary to configure a special storage space for contracts, ranging from document bags to warehouses, which have to occupy a certain amount of physical space, and a large number of contracts are squeezed all year round, making it difficult to keep them in an orderly manner, making it difficult to find and easy to lose, and difficult to resist sudden safety hazards.
Sign the shield electronic contract:
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Legal analysis: 1. The environment in which the contract is concluded is different.
Paper contracts take place in the real world, and the parties to the transaction can negotiate face-to-face; The conclusion of an electronic contract takes place in a virtual space, where the two parties to the transaction generally do not meet each other, or even determine the counterparty of the transaction, and their identity only depends on the identification of the password or the authentication of the certification authority.
2. All aspects of the contract have changed.
In the online environment, the time for the issuance and receipt of offers and acceptances is more complex than that of paper contracts, and the constituent conditions for the formation and entry into force of contracts are also different.
3. The form of the contract has changed.
The information contained in an electronic contract is a data message, and there is no distinction between originals and copies, and it cannot be signed and sealed in the traditional way.
Legal basis: Article 469 of the Civil Code 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.
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Electronic contracts differ from paper contracts in the following ways; First, the identification method of the subject is different. Paper contracts are generally "face-to-face" contracts, and the subject is easy to identify, while electronic contracts are "back-to-back" contracts, which need to ensure the authenticity of the subject through technical means; Second, the degree of convenience is different. The mailing of traditional paper contracts is greatly affected by time, space and objective conditions, while electronic contracts can be operated around the clock in the network environment, which is not limited by time and space, and is efficient and convenient. Third, the degree of environmental protection is different.
Unlike traditional paper contracts, which waste paper, electronic contracts implement paperless office, saving wood and other papermaking materials, which is conducive to environmental protection. Fourth, the management efficiency is different. Traditional paper contracts must be used as a medium of paper, which consumes space for storage and is not easy to find. The electronic contract is directly uploaded to the contract signed by oneself and stored locally, which is convenient for retrieval and query and improves the efficiency of file management.
Fifth, the degree of strictness of risk prevention is different. Compared with the tangibility and fixability of paper contracts, electronic contracts are easier to modify and change, so laws and regulations have stricter requirements for electronic contracts, so it is necessary to ensure the non-repudiation and changeability of the contract through technology to ensure the authenticity and validity of the contract.
Legal basis: Article 491 of the Civil Code? Where the parties conclude a contract in the form of letters, data messages, etc., and request the signing of a confirmation document, the contract shall be established when the confirmation is signed.
If the information on goods or services published by one of the parties through the Internet or other information networks meets the conditions for offer, the contract shall be formed when the other party selects the goods or services and submits the order successfully, unless otherwise agreed by the parties.
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An electronic contract is an agreement reached by two or more parties in electronic form through the Internet to establish, change and terminate a certain civil rights and obligations, and all parties to the contract have undergone real-name authentication and signed using reliable electronic signature technology, which has the same legal effect as paper contracts and handwritten signatures. In contrast: traditional paper contracts waste paper and are expensive to operate; Electronic contracts save costs for enterprises and reduce operating expenses by 75%; Traditional paper contracts need to be mailed back and forth, which has a large time cost, and electronic contracts save time costs for enterprises and improve work efficiency by 200-500%; Electronic contracts can improve the efficiency of file management, reduce the process of scanning traditional company contract documents, and can be stored directly; Traditional paper contracts must be paper-based, which consumes space for storage; Electronic contracts make contract management easier.
Legal basis: Article 13 of the Electronic Signature Law of the People's Republic of China 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.
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