How to determine the legal validity of electronic contracts?

The legal effect of electronic contracts that use reliable electronic signature technology is guaranteed by both technology and law. The forensic report provides a consistent appraisal of whether the electronic evidence has been tampered with, avoiding the trouble of judges being unable to trust the electronic evidence due to lack of professional knowledge.

The most common implementation methods of electronic signatures: 1. Digital signatures; 2. Certification by authoritative institutions; 3. Trusted timestamps.

Article 13 of the Electronic Signature Law stipulates that:

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;

iii) 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.

Chinese law is silent on the issue of evidence in electronic contracts.

There are four elements of a legally binding electronic contract:

1. True identity (when the electronic signature production data is used for electronic signature, it belongs to the electronic signer) 2. True intention (the electronic signature production data is only controlled by the electronic signer at the time of signing) 3. The signature has not been changed (any changes to the electronic signature after signing can be discovered) 4. The original text has not been changed (any changes to the content and form of the data message after signing can be discovered).

1. How to determine the legal validity of electronic contracts.

1. The legal effect of electronic contracts is determined as follows:

1) If the parties have the corresponding capacity for civil conduct, the expression of intention is true, and the contract is established in accordance with law, it has legal effect;

2) Where the parties conclude a contract by means of electronic data, they may use reliable electronic signatures.

2. Legal basis: Article 469 of the Civil Code of the People's Republic of China.

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.

Article 472.

An offer is an expression of intent to enter into a contract with another person, and the expression of intent should meet the following conditions:

1) The content is specifically determined;

2) Indicate that the offeror is bound by the expression of intent if it undertakes to accept it.

The parties may conclude a contract with reference to the model texts of various types of contracts.

2. What is the contract signing process?

The process of signing a contract is as follows:

1. Credit review, including qualification review and credit review;

2. Negotiation and negotiation, the parties reach an agreement on the terms of the contract;

3. Draw up contract documents and complete contract terms;

4. The parties sign and seal.

Electronic contracts can be stored directly on a computer or in the cloud, do not occupy physical space, are easy to classify, and are more convenient to access than paper contracts. A general contract does not require a specific form, as long as it is in a manner agreed by both parties, a contract that is valid under the law of association can be concluded. Therefore, the issue of the legal effect of an electronic contract is actually a question of the probative force of an electronic contract as evidence.

According to the latest provisions of the Civil Procedure Law, electronic evidence (including electronic signatures) is the same type of evidence as documentary evidence; According to the provisions of the Electronic Signature Law, a reliable electronic signature has the same legal effect as a handwritten signature or seal. Therefore, an electronic contract with a reliable electronic signature itself has legal effect, and its legal effect is not strengthened by judicial appraisal, which only improves the efficiency and accuracy of the identification of electronic evidence in the court or arbitral tribunal.

Legal basis. Article 2 of the Electronic Signature Law of the People's Republic of China.

"Electronic signature" as used in this Law refers to data contained in electronic form in a data message and attached to it for the purpose of identifying the identity of the signatory and indicating the signatory's approval of its contents.

"Data messages" as used in this Law refers to information generated, sent, received, or stored by electronic, optical, magnetic, or similar means.

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;

iii) 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.