Are electronic contracts secure? Are electronic contracts reliable?

Whether an electronic contract is safe depends on the provisions of the law, and Article 13 of the Electronic Signature Law stipulates that:

Article 13. An electronic signature is considered 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.

Article 14. A reliable electronic signature has the same legal effect as a handwritten signature or seal.

Electronic contracts have the force of law and are protected by law. In the same way, it is necessary to be cautious when signing an electronic contract and understand the rights and obligations that should be assumed.

1) Electronic data, as an expression of the true intentions of the parties to e-commerce, has the same legal effect as a written document, and cannot be discriminated against simply because it is not in the form of a traditional written document.

2) The electronic data that has been electronically signed, with the necessary technical support, meets the requirements of written signatures and written originals in traditional laws"Signed instrument"with"Original, signed copy"Equivalent legal effect.

3) In any legal proceedings, electronic data has the same admissibility as other traditional forms of evidence, and is not inadmissible or affects its evidentiary force because it is in the form of electronic data.

4) An electronic contract with electronic data as the carrier does not affect its legal effect, validity and enforceability because it adopts the form of the carrier, and enjoys the same legal effect as a traditional written contract as long as it complies with some other provisions of the law, such as non-fraud.

Electronic contract, also known as e-commerce contract, according to the Model Law on Electronic Commerce of the United Nations Commission on International Law and the electronic transaction laws promulgated by countries around the world, combined with the relevant provisions of China's Contract Law, electronic contract can be defined as: electronic contract is an agreement between two or more parties to establish, modify and terminate the relationship of property civil rights and obligations reached in electronic form through electronic information networks. 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.

It's not safe, you have to back it up to be safer.

The electronic contract signed online is valid if it is established in accordance with the law. Where the parties sign an electronic contract online, they may use a reliable electronic signature. The electronic contract is regarded as a written form, and if the parties have the corresponding capacity for civil conduct, the expression of intention is true, and the content of the contract does not violate the provisions of the law and does not violate public order and good customs.

Electronic contracts: have the same legal effect as paper contracts.

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. To put it simply, an electronic contract is a form of expression that can be directly signed and sealed in the form of electronic files realized by technical means.

The Specification for the Process of Entering into an Electronic Contract Online stipulates that a legal and effective electronic contract refers to a data message formed online by the parties through a third-party electronic contract conclusion system, which adopts reliable electronic signature technology.

China's Electronic Signature Law clearly stipulates that "reliable electronic signatures have the same legal effect as handwritten signatures or seals", and "electronic signatures need to be authenticated by a third party in order to be recognized by legitimate electronic certification service providers".

Whether an electronic contract is reliable or not actually includes two aspects:

1) Electronic contracts do not have the same legal effect as paper contracts.

2) The third-party platform you choose is unreliable.

For the first aspect: the legal effect of electronic contracts.

The Contract Law of the People's Republic of China recognizes the use of data messages as the legal carrier of the written form of the contract; The Electronic Signature Law clearly stipulates that an electronic contract signed with a valid electronic signature shall have the same legal effect as a paper contract with a seal or signature, and imposes restrictions on the self-name of a valid electronic signature. The following needs to be met:

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

To sum up, it is made to make electronic contracts reliable, I hope it can help you.

Legal basis]:

Civil Code of the People's Republic of China

Article 137:Expressions of intent made in the form of dialogue take effect when the counterpart knows the contents.

Expressions of intent made in a non-dialogue manner take effect when they reach the counterpart. If Liang Heng's expression of intent in the form of a data message is made in a non-dialogue manner, and the counterparty designates a specific system to receive the data message, the data message will take effect when it enters the specific system; Where a specific system is not specified, the counterparty knows or should know that the data message enters its system. Where the parties have otherwise agreed on the effective time for an expression of intent in the form of a data message, follow that agreement.

Article 143? 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.

The electronic contract signed by electronic signature on the mobile phone has the same legal effect as the paper contract, but in order to comply with the relevant legal requirements, it is very complicated, so the third-party electronic signing platform is generally chosen. The specific signing process is roughly as follows:

1. Choose a reliable third-party e-signing platform, register and authenticate (prove that you are you in the network environment). Through the platform, you can create your e-signature and the company's e-seal.

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).

3. The customer receives a text message containing the signing link on the mobile phone SMS, clicks on the link and authenticates according to the page prompts, generates a handwritten electronic signature, and signs.

With the rise of the electric trace grip signature, its convenient and fast advantages have quickly been widely recognized, in order to meet the needs of users mobile signing, mobile phone signing electronic contract has become one of the signing channels that the third-party electronic signature platform must provide.

Taking the platform as an example, when using mobile phone electronic signatures to sign electronic contracts, you can also choose three signature methods: mobile phone verification code signing, face signing, and fingerprint signing. It should be noted that if your mobile phone does not support one of the face or fingerprints, then you will not be able to experience this signing method.

The mobile phone electronic signature signing process is the same as the computer signing process, you need to register on the platform, and complete the real-name authentication before you can upload the contract documents, add the mobile phone electronic signature in the corresponding signing position, and use the mobile phone verification code, face brushing, fingerprint signature to complete the signing and sending of the contract.

According to the Electronic Signature Law of the People's Republic of China, the Civil Code and other legal provisions, reliable electronic contracts have the same legal effect as traditional contracts.

However, it should be noted that the legal effect of electronic signing is achieved by relying on reliable electronic signatures, and reliable electronic signatures refer to compliance with the requirements of "true identity, true will, and tamper-proof" in the Electronic Signature Law.

Therefore, if you apply a reliable electronic signature in the process of signing the electronic contract, then the contract is legally valid, and in the same way, if there is no visible electronic signature to rely on, it does not have legal effect, and the user needs to pay attention to it in the contract.

Is there legal protection for electronic contracts, and is it safe to sign electronic contracts.

The nature is the same.

Electronic contracts are formal contracts. According to the provisions of China's Contract Law, the forms of contracts include written contracts, electronic contracts, oral contracts, etc., so electronic contracts are contracts that are positive and false, and electronic contracts established in accordance with the law are protected by law. Article 10 of the Contract Law stipulates that the parties may 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. (The Contract Law will expire on December 31, 2020) Article 469 of the Civil Code stipulates that the parties may enter into a contract in written, oral or other forms.

The written form is a form in which the contents of the contract, letter, telegram, telex, and messenger 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. (The Civil Code will come into force on January 1, 2021).

Legal analysis: Electronic contracts have the legal effect of written form, and electronic contracts established in accordance with the law are valid. Legal basis]:

Article 469 of the Civil Code [Form of Contract] When the parties conclude a contract, they may use written form, oral form, or other form. 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 expressed in electronic data interchange, e-mail, etc., and that can be retrieved for reference at the time of leakage, are considered to be in writing.

Legal Analysis: Electronic contracts are formal contracts. According to the provisions of China's Contract Law, the forms of contracts include written contracts, electronic contracts, oral contracts, etc., so electronic contracts are formal contracts, and electronic contracts established in accordance with the law are protected by law.

Legal basis]:Article 502 of the Civil Code of the People's Republic of China.

A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.

In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear the responsibility for violating such obligations.

In accordance with the provisions of laws and administrative regulations, if the modification, transfer, or termination of the contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.