Is the electronic contract signed on the Internet legally recognized?

According to the Electronic Signature Law, an electronic contract signed with a reliable electronic signature has the same legal effect as a paper contract with a handwritten signature or seal.

According to the provisions of the Electronic Signature Law, an electronic signature is considered reliable if it meets the following conditions:

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

At the time of signing, the electronic signature creation data is controlled only by the electronic signer.

Any changes to the electronic signature after signing can be detected.

Any changes to the content and form of the data message after signing can be detected.

Combined with the electronic contract signing process, we can summarize the following core points that should be paid attention to in an effective electronic contract:

Confidentiality of Content.

Content is tamper-proof.

Clarify the identity of the signatory.

Specify the signing time.

At the same time, in order to ensure the ability of electronic contracts as evidence in written form, the whole process of contract signing should also be stored and notarized by an authoritative third-party institution.

The Ministry of Commerce pointed out in the "Specification for the Process of Entering into Electronic Contracts**" that "the fairness of the process and the validity of the results can only be guaranteed by entering into electronic contracts through the electronic contract formation system of a third party (electronic contract service provider)".

1. Contracts signed by electronic means are classified as written contracts in the Contract Law and have legal effect.

2. China has an electronic signature law, and electronic signatures are recognized and protected by law.

3. The Single Signature Law stipulates that electronic signatures are not applicable to major contracts such as real estate transactions.

Guo Jiaqing as the incarnation of Guanyin.

There are many ways to sign a contract online, but there are only the following two ways to be secure and compliant, and the electronic contract signed through the following two methods is legally effective:

Open the contract file to be signed: Find the contract document to be signed and click Sign to view the contract.

Sign the contract: Drag the signature to the corresponding signature position, click [Sign] to get the verification code and enter it, and then the signing can be completed.

1. Open the link and log in to your account.

Please click Enter a description.

2.View pending contracts.

Please click Enter a description.

3.Sign the contract electronically.

Click the [Sign] button to choose to handwrite on the spot or add an existing signature.

Please click Enter a description.

Click [Get Verification Code] and enter the received verification code, and click [Complete Signing] to complete the signing of an electronic contract.

Please click Enter a description.

To sum up, signing an electronic contract online is nothing more than "logging in to the account - opening the document to be signed - signing" three steps, compared with the paper contract "printing - sealing - express delivery - printing - sealing - express", the advantages of signing the contract online are obvious.

Signing an electronic contract can be evidence in court.

Electronic contract is one of the forms of contract: electronic contract is a new form of contract that has emerged with the development of today's science and technology, and can be identified as a form of contract.

Article 63 of the Civil Procedure Law stipulates that evidence includes: (1) statements of the parties; (2) documentary evidence; (3) Physical evidence; (4) audio-visual materials; (5) Electronic data; (6) Witness testimony; (7) Appraisal opinions; (8) Inquest records.

The evidence listed in the law includes electronic data. Electronic contracts can become evidence in court, and the key is to prove the authenticity of electronic contracts, which requires cryptographic technical support and safeguards. There are some third-party electronic contract conclusion platforms in China, and the electronic contracts signed in the platform can be used as evidence in court.

If the electronic signature is in legal form, it has legal effect.

The conditions for the contract to take effect shall be determined in accordance with the conditions stipulated in Article 143 of the General Provisions of the Civil Law for "civil juristic acts", and the following conditions shall be met:

1. The actor has the corresponding capacity for civil conduct;

2. The meaning is true;

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

The above three conditions are the general norms for the legality of civil juristic acts, and of course should also apply to civil acts such as the signing of contracts by the parties. Article 8 of China's Contract Law stipulates that a contract established in accordance with the law is legally binding on the parties, and the parties shall perform their obligations in accordance with the agreement and shall not modify or terminate the contract without authorization. Moreover, contracts established in accordance with the law are protected by law.

If one party fails to perform its obligations under the contract, the other party may perform or bear liability for breach of contract in accordance with the provisions of this article and the specific requirements of the contract. Legal basis: A contract established in accordance with Article 8 of the Contract Law of the People's Republic of China is legally binding on the parties.

The parties shall perform their obligations in accordance with the agreement and shall not modify or terminate the contract without authorization. Contracts established in accordance with the law are protected by law. Article 10 of the Notary Law of the People's Republic of China stipulates that the parties shall conclude a contract in written, oral and other forms.

Where laws and administrative regulations provide for the use of written form, written form shall be used. Where the parties agree to use written form, it shall be in written form. Article 143 of the "General Provisions of the Civil Law of the People's Republic of China" is valid for civil juristic acts that meet the following conditions:

1) The perpetrator has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Therefore, in order to judge the validity of an electronic contract, it is necessary not only to see whether the content of the contract is illegal, whether there is concealment and fraud, but also to see whether the parties to the contract have the authority and whether the signing procedures are complete.

Effective. In the process of electronic contract signing, a digital certificate issued by an authoritative identity authentication body, that is, a CA organization, is required to be authorized to sign the contract.

In order to ensure that users can obtain services such as online identity authentication and electronic contract signing more quickly and efficiently, CA institutions authorize reliable third-party electronic contract platforms to give digital identity registration approval authority.

As an extension of the CA digital certificate issuance management, the qualified and reliable third-party electronic contract platform can be responsible for the information entry, review and certificate issuance of digital certificate applicants, and complete the corresponding management functions for the issued certificates, so the digital certificates applied for and obtained through the third-party electronic contract platform are also valid.

Electronic contracts that have been certified and signed have legal effect.

No form of contract is legally valid without a signature.

An electronic contract can be signed with an electronic seal, and it can only have legal effect after the seal is signed.

**The signed contract is legally valid if it is used in the electronic signature management system. If the signature is merely inserted as a **, it has no legal effect.

Because the electronic signature system is a form of electronic signature, the image processing technology is used to transform the electronic signature operation into the same visual effect as the paper document sealing operation, and the electronic signature technology is used to ensure the authenticity and integrity of the electronic information and the non-repudiation of the signer.

However, the discrepancies of ** do not have the authenticity and integrity of the electronic information and the non-repudiation of the signatory.

At present, the process of signing electronic contracts on various electronic contract platforms is almost the same, and I will use a diagram to briefly explain the signing process of electronic contracts

Step 1: Real-name authentication.

Real-name authentication is a verification of the authenticity of user information. There are two types of real-name authentication: individual real-name authentication and enterprise real-name authentication, of which personal real-name authentication adopts the method of face verification, which is convenient and fast.

Step 3: Send the contract.

Step 4: Sign by the other party.

After receiving the notice, the other party only needs to log in to the electronic contract platform, complete the real-name authentication, and check the content of the contract to complete the electronic signature and complete the contract signing.

Step 5: Contract storage.

Unlike the storage of paper contracts, electronic contracts are stored directly in the cloud after they are signed, without the need to print them out and store them in a special storage room. In addition, the financial-level data security mechanism of the electronic contract platform can better prevent file data leakage and ensure the authenticity and validity of the contract.

Step 6: Contract management.

There are many third-party electronic contract service providers on the market, and the process of stamping is similar. Register through the cloud platform to quickly sign electronic contracts.

Step 1: Choose a reliable third-party platform, register and authenticate (it is important to prove that you are who you are in the online environment). Generally, you can make your electronic signature and the company's electronic official seal through the platform.

Step 2: Upload the documents that need to be signed, fill in the customer's name and mobile phone number and send them (the signing order of both parties can be customized).

When both parties have signed, it means that the entire contract has been signed! The electronic contract does not need to be sent, it does not need to be printed, and the signed electronic contract has the same legal effect as the paper contract seal, so it only takes a few minutes to complete the signing of an electronic contract!