What is the technical principle for electronic signing to have legal effect?

Taking our platform as an example, after the signatory performs real-name authentication, it needs to apply to a third-party CA agency for the issuance of a CA certificate, and after hashing the original content, it uses the private key to digitally sign, supplemented by a third-party trusted timestamp, to form a reliable electronic contract.

Therefore, electronic signing technology mainly includes: digital certificate security authentication, digital signature, timestamp and other technologies. According to Articles 5 to 8 of the Electronic Signature Law, only electronic contracts that lock the true identity of the contracting entity, effectively prevent document tampering, and accurately record the time of signing are recognized by law.

At present, electronic signing has penetrated into various industries such as finance, real estate, automobiles, human resource services, education, insurance, third-party payment, tourism, medical care, logistics, **chain, B2B, etc., resulting in rich application scenarios and providing convenient, safe and compliant electronic signing services for more enterprises and users.

At present, China's digital certificates are issued by the state-designated authorized institutions, and the holders of digital certificates should keep their private keys and personal information codes.

When the electronic contract is deposited, it is directly or indirectly consistent with the time of the physical space through various means. The temporal relevance of the electronic contract includes: first, the physical time of the generation of the electronic contract is clarified, the evidence preservation platform stores the electronic contract and the signed log, and the time of the electronic contract is directly fixed based on the time stamp time or the standard time of the national time service center, so as to reduce the disputes caused by time.

Second, it clarifies the process and final modification time of electronic contract evidence. The evidence preservation platform uses digital certificates to sign the evidence of the electronic contract and the signing log of the electronic contract, so as to prevent the electronic contract and its signing log from being tampered with afterwards.

The signing of the contract has legal effect. An electronic contract signed through data messages, e-mails, etc., clarifying the rights and obligations between the two parties, is an agreement reached by two or more parties in electronic form to establish, modify, or terminate the relationship of property civil rights and obligations, and is established in accordance with law and is valid.

Legal basis] Article 4 of the Electronic Signature Law.

Data messages that can tangibly represent the content contained therein and can be accessed at any time shall be deemed to be in writing that meets the requirements of laws and regulations.

Article 469 of the Civil Code.

When the parties conclude a contract, they may use the written form, oral form or other forms of Yuwu Yuzhenyan. 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 signed with a reliable electronic signature has the same legal effect as a paper contract signed and sealed offline.

To prove the validity of an electronic contract, the following points need to be done (you can meet the requirements of signing an electronic contract with confidence):

1. Integrity: It can provide a complete and clear record of the electronic contract signing time, signing place, signing identity and operation log;

2. Legitimacy: According to the provisions of the Electronic Signature Law, the premise of ensuring the validity of electronic contracts is the use of reliable electronic signatures;

3. Independence and security: Third parties providing services such as signing and depositing electronic contracts shall be authoritative and neutral to ensure the impartiality of electronic evidence; The electronic signature system provides a "one-stop" security authentication service for the whole process, including identity authentication, evidence collection, digital authentication, legal authentication and other links. The problem of the authenticity of the user's identity is solved through the first-class authentication technologies such as face recognition and bank card element authentication, so that Hail may use digital signatures, electronic source signatures, electronic handwritten signatures and other technologies, combined with timestamp technology, blockchain evidence preservation and other technologies to solve the problem of authenticity of intentions and the denial of user signatures.

Electronic Signature Law of the People's Republic of China

Article 5: Data messages that meet the following conditions shall be deemed to meet the requirements for the original form provided by laws and regulations:

a) be able to effectively represent the content contained therein and make it available for reference at any time;

2) It can be reliably guaranteed that the content remains intact and unaltered from the time of its final formation. Article 6: Data messages that meet the following conditions shall be deemed to meet the requirements for document preservation provided for by laws and regulations:

a) be able to effectively represent the content contained therein and make it available for reference at any time;

2) The format of the data message is the same as that in which it was generated, sent or received, or the format is not the same but can accurately represent the content originally generated, sent or received;

3) Be able to identify the sender and addressee of the data message and the time at which it was sent or received.

An electronic contract, also known as an e-commerce contract, is an agreement reached between two or more parties in electronic form to establish, modify, or terminate a relationship of property civil rights and obligations through an electronic information network. In order for an electronic contract to be legal and valid, the following conditions must be met at the same time: 1. The parties to the contract have been verified by their real names.

That is to say, for personal identity verification, current mobile phone verification, WeChat authentication, bank card, which can only correspond to the name of this person, but also to take pictures in real time to form a chain of evidence. For enterprise certification, it is necessary to submit relevant information and official seal of the enterprise, plus a statement of power of attorney. 2. The signature on the electronic contract is a reliable electronic signature recognized in accordance with the Electronic Signature Law.

Legal basis: Article 9 of the Contract Law of the People's Republic of China stipulates that when a party enters into a contract, it shall have the corresponding capacity for civil rights and civil conduct. The parties may entrust a person to conclude a contract in accordance with the law.

Article 11 of the Contract Law of the People's Republic of China refers to the form in which the contents of the contract, letters and data messages (including telegrams, telex, fax, electronic data interchange and e-mail) can be tangibly expressed. Article 470 of the Civil Code of the People's Republic of China stipulates that the content of a contract shall be agreed upon by the parties and generally include the following clauses: (1) The names and addresses of the parties;(2) Subject matter;(3) Quantity;(4) Quality;(5) Price or remuneration;(6) The time limit, place and method of performance;(7) Liability for breach of contract;(8) Methods of dispute resolution.

The parties may refer to the model texts of various types of contracts to conclude agreements. Article 143 of the Civil Code of the People's Republic of China is valid for civil juristic acts that meet the following conditions: (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.

How to sign an electronic contract?Do electronic contracts have legal effect, and do electronic contracts have the same effect as paper contracts?

1. Electronic contracts have the legal effect of written formWith the development of electronic contracts, many countries have realized the necessity of using laws to determine the validity of electronic contracts. The Model Law on Electronic Commerce was adopted by the United Nations Commission on International Law in June 1996. The law states:

Because digital information has the potential to be cited later and is sufficient to assume the task of a written document, its legal effect, validity and enforceability cannot be denied simply because the information is in a digital manner.

China's contract law has extended the traditional form of written contract to the form of data message. Article 11 of the Law stipulates that written form refers to the form in which the contents of the contract, letter and data message (including telegram, telex, fax, electronic data interchange and e-mail) can be tangibly expressed.

This effectively gives electronic contracts the same legal force as traditional contracts.

2. The Validity of Electronic Signatures and the Formation of Electronic Contracts Article 32 of the Contract Law stipulates that the contract shall be formed when both parties sign or affix their seals. Electronic contracts do not necessarily have a written formal text under the traditional concept, and the so-called signature and seal also have a new concept and method, which is electronic signature.

With the resolution of the technical problem of electronic signature confirmation, it is necessary to give it legal recognition and confirm its validity. At present, e-commerce certification centers have been widely established in the world to certify and identify the authenticity of electronic documents. Article 7 of the Model Law on Electronic Commerce has broadened the definition of signature to include electronic signatures.

Article 280 of China's Criminal Law stipulates the crime of forging, altering, and destroying official documents and seals of state organs, as well as seals of companies, enterprises, public institutions, and people's organizations. If the concept of official documents and seals is expanded in the judicial interpretation to electronic signatures, the use of electronic contracts to carry out the first phase can truly enter the implementation stage.

First of all, electronic contracts have a certain legal basis:

1. Article 1 of the Contract Law of the People's Republic of China stipulates that data messages are the same as paper contracts, and are in written form and have the same legal effect.

2. Article 1 of the Electronic Signature Law of the People's Republic of China clearly stipulates that reliable electronic signatures have the same legal effect as handwritten signatures or seals, which legally confirms the legality of electronic contracts.

3. Article 116 of the Civil Procedure Law of the People's Republic of China clearly includes "electronic data" as evidence in litigation.

4. The E-Commerce Law of the People's Republic of China clarifies the legal effect of electronic contracts in the Internet industry.

Secondly, take the pencil box electronic contract platform as an example:

In the process of electronic signing, passedStrict real-name authentication, reliable electronic signatures, advanced third-party time retrieval, Alibaba Cloud certificate storage, and PDF encryptionand other technical means to ensure the true identity and true will of both parties to the contract, and achieve the purpose of anti-repudiation and anti-tampering of electronic contracts, so as to fully ensure the legal effect of the whole process of electronic signing.

Legitimate. According to the Contract Law and the Electronic Signature Law, electronic contracts have the same legal effect as paper contracts, provided that reliable electronic signature technology is used.

At present, the third-party electronic contract platforms on the market have CA certificates, timestamp technology, and anti-tampering capabilities, all of which comply with the relevant provisions of the Electronic Signature Law, which can fully ensure the safety and legality of electronic contracts.

Article 11 of the Contract Law of the People's Republic of China stipulates that "written form refers to the form in which the contents of the contract, letters and data messages (including telegrams, telex, fax, electronic data interchange and e-mail) can be tangibly expressed. It shows that China's law recognizes that the signing of contracts includes the form of electronic data, and recognizes the legal status of electronic contracts. The parties to conclude a contract in the form of electronic data shall not deny the validity and enforceability of the contract solely on the ground that the offer and acceptance of the contract are realized through data messages.

There is no doubt about the probative power of electronic contract evidence in judicial practice.

Whether an electronic contract is valid or notAccording to the provisions of the country's Electronic Signature Law, there must be a reliable electronic signature in order to be legally effective, and the contract must not violate the provisions of the Contract Law. Now there are also many electronic contract service platforms, and there is no need to worry about legal issues, such as: legal data, legal chain and so on.

[Butler Answer].

Of course, it has legal effect, you can just look at the relevant provisions of the Electronic Signature Law, and the legal effect of electronic contracts has been recognized by the arbitration judicial body.

Judging from your question, you should have doubts about the legality of the electronic sub-contract and the legal validity of the electronic contract, right? Then we can look directly at the legal provisions.

Article 13 of China's Electronic Signature Law clearly stipulates that if an electronic signature meets the following conditions at the same time, it shall be regarded as a reliable electronic signature, that is, an electronic signature with legal effect.

1. When the electronic signature production data is used for electronic signature, it belongs to the electronic signer and is proprietary.

2. The electronic signature production data at the time of signing is controlled only by the electronic signer.

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

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

That is, if the above conditions are met, the electronic contract is legally valid.

Don't know if this answers your question? If you want to sign a legally valid electronic contract, WeSignature is a good choice. Not only can you sign an electronic contract with legal effect, but also have multiple protections of keys, CA digital certificates, and UKEYs, and file security and anti-theft, which can perfectly meet your needs.

After the third-party platform has signed the contract in accordance with the steps for signing the contract, the electronic contract is valid. Signing contracts on the network is legal.

What is the agreement, the contract is valid if it is signed in accordance with the law.

1.The law stipulates that electronic contracts are legal.

According to Article 11 of the Contract Law of the People's Republic of China, written form refers to the form in which the contents of the contract, letters and data messages (including telegrams, telex, fax, electronic data interchange and e-mail) can be tangibly expressed.

2.The law provides for the elements of an electronic contract.

According to the relevant law, the Electronic Signature Law stipulates that a reliable electronic signature has the same legal effect as a handwritten signature or seal! 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.

The electronic contract is signedRest assured to sign an electronic contract platform, because it is necessary to ensure that the signed contract has legal effect and to meet the function of evidence preservation and collection.