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The first is to use the platform to sign an electronic contract through real-name authentication.
Real-name authentication is required, and there are many ways to do so, including business license, legal person identity certificate, face recognition, mobile phone number, etc. and by the Ministry of Public Security.
The management database such as the industrial and commercial bureau is compared and confirmed, and the platform also cooperates with the CA certification body to issue digital certificates to users.
Ensure that the identity of the signatory is true and valid.
The second is through reliable electronic signatures, which are similar to the visual effect of handwritten signatures or stamped digitization, and through cryptography technology, they have the function of identifying the signer and indicating the recognition of the signed content. Electronic Signatures Act.
stipulates that a reliable electronic signature has the same legal effect as a handwritten signature or seal. Therefore, for a signed electronic contract to be valid, the key is the use of a reliable electronic signature. Then, how to obtain reliable electronic signatures, in which the method of third-party electronic contract platform needs to meet the conditions of user real-name authentication to ensure the real identity of users, so as to produce and generate reliable electronic signatures.
Finally, through the blockchain.
Timestamps and other technical means are used in the process of contract signing and storage.
The data can be stored on the chain, and the signing time information can be accurately recorded, which ensures that the data is not tampered with and ensures the integrity of the electronic contract signing.
In addition, third-party electronic contract platforms such as Signshield electronic contract platform ensure that the contract is valid, which is also reflected in the follow-up contract verification and judicial services, and the platform provides the contract verification function, that is, the authenticity and validity of the contract can be verified. At the same time, once a subsequent contract dispute occurs, the platform also provides services such as arbitration and notarization to ensure that judicial evidence can be admitted.
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There are many technical means to realize electronic signatures, and if users simply use this function, then it is a good choice to directly use the services provided by third-party electronic signature platforms.
Real-name authentication by multiple technical means such as face biotechnology recognition and bank card elements, to ensure that the issuance of electronic signatures is exclusive to the person.
Encrypt login and reserve a random dynamic password on your mobile phone to ensure that the signing behavior is controlled by the signer.
The national authority issues the CA certificate and ensures that the certificate fingerprint is unique, so that the tampering is invalid and the signature can be identified as true and valid.
The contract documents are converted to tamper-proof PDF and stamped with the national time service center, and the authenticity of the contract can be verified.
In addition to these technical guarantees, the Electronic Signature Law Provisions
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.
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The electronic seal is an advanced digital technology to simulate the traditional physical seal, and its management and use are in line with the habits and experience of the physical seal, and the stamped electronic document has the same appearance, the same validity and similar use of the paper document stamped with the physical seal. It can be seen that the electronic seal is by no means a simple official seal image plus electronic signature, the key lies in whether its use and management methods conform to the habits and experience of the physical seal, whether the stamped electronic document has the same appearance as the paper document, and how similar the use method is to the paper document.
As a form of electronic signature, an electronic seal can have the same legal effect as a physical seal, but it is necessary to pay attention to its validity. Article 13 of China's Electronic Signature Law stipulates that "if an electronic signature meets the following conditions at the same time, it shall be regarded as a reliable electronic signature".
1) When the electronic signature creation data is used for the electronic signature, it is the exclusive property of the electronic signer;
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.
5) According to the laws and regulations of the People's Republic of China, any electronic signature that meets the above four conditions can be recognized as reliable, and has the same effect as a handwritten signature.
It is advisable to make an electronic seal on a reliable third-party platform.
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Based on the user's application and deducting the number of times the certificate issuance service has been purchased, Tencent e-Sign will provide users who use the products of the Platform with the "Electronic Document Signing Report Wide Type" (including the proof of proof on the ZhixinChain blockchain) (hereinafter referred to as the "Certificate Issuance Report") to prove the true will of the document signatory in the signing process and the original data has not been tampered with in dispute resolution scenarios such as litigation and arbitration.
The user shall use the certificate report within the scope of the foregoing agreement, and maintain the integrity and seriousness of the report, and shall not use it for non-agreed purposes and illegal purposes.
Tencent e-Sign does not assume any responsibility for the legal validity of the content of the terms and conditions of the document itself, as well as the legal validity of the links and processes that do not use this product or service in the process of signing the electronic document.
According to relevant laws and regulations, eligible ** signed documents can be submitted to the people's court as electronic evidence and used to prove the facts of the case. In view of the complexity of litigation and arbitration activities, the relevant arbitration institutions or judicial institutions have the authority to review and determine the electronic evidence materials, and you are requested to consult legal professionals if necessary.
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1) When the electronic signature creation data is used for electronic signatures, it is the exclusive property of the electronic signer; 2) At the time of signing, the electronic signature production data is controlled only by the electronic signer; 3) any changes to the electronic signature after signing can be detected; 4)that any changes to the content and form of the data message after signing can be detected. ”
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An electronic signature is simply a kind of data, which is a signature of an electronic document through cryptography. 1. What is the evidentiary effect of an electronic signature? An electronic signature means the data contained in electronic form in a data message that is attached to it to identify the signatory and to indicate the signatory's approval of its contents.
In layman's terms, an electronic signature is a signature in the electronic form of an electronic document through cryptography technology, not a digital image of a written signature, it is similar to a hail handwritten signature or seal, and it can also be said that it is an electronic seal. The purpose of electronic signature: to sign the electronic version of the Mid-Autumn Festival greeting card, wedding invitation, construction contract.
If an e-mail has a reliable electronic signature, the e-mail is equivalent to an element; At present, there are few applications of electronic signatures in China, and if there is no electronic signature, how to prove its authenticity: 1. Submit a printed draft to the court and submit it to the other party for confirmation; 2. If the other party does not confirm, it should be verified with the source file in the computer; 3. If the computer is inconvenient to carry, it can be verified in a fair way in advance. 2. What should I pay attention to for electronic signatures?
1. In order to ensure the authenticity and reliability of the email, it is best to use the email retained in the mail server of the mail service provider, which is more credible; 2. Evidence is required to prove the identity of the owner of the email address; 3. It is best to have other evidence to support it. 3. When a friend asks me to borrow money, is the IOU valid as an electronic signature? Netizens asked:
A friend who has a good game recently encountered difficulties and wanted to borrow money from me, and it happened that I made a little money by investing and wanted to help him. I asked him to type an IOU, and he agreed, but the IOU is an electronic signature, does such an IOU have legal effect?Huaiqi has a lawyer who can help answer it?
Lawyer replied: Hello, first of all, as long as the IOU has the name of the creditor, the amount of the loan, the name of the debtor and the date of the loan, but it meets the main requirements of the IOU, it has legal effect. The same goes for electronic signatures.
Electronic signatures can be used as evidence to claim creditor's rights against the people's courts, and the people's courts will also accept them. However, you need to note that since the validity of electronic signatures is often disputed, if in order for the legal effect of electronic signatures to be recognized, according to relevant laws and regulations, you need to lock the real identity of the contracting entity, effectively prevent document tampering, and accurately record the time of signing the source of the electronic contract to be recognized by law, so it is best to use the services of a third-party electronic signature platform. Thanks for asking, I hope mine is helpful to you.
Article 143 of the Civil Code: Civil juristic acts that meet the following conditions are valid: (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. Article 469: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 by means of 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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To make an electronic signature, it must be signed on a formal third-party electronic platform. Unlike traditional paper signing, electronic signing is signed on the Internet, so it must be signed on a third-party electronic platform.
To perform an electronic signature, real-name authentication is required. At present, the network is becoming more and more real, so users need to carry out real-name authentication to confirm its authenticity when making an electronic signature.
To make an electronic signature, you need to create an exclusive electronic signature. After the user passes the real-name authentication on the third-party electronic platform, he can create his own electronic signature, which will be stored in the third-party electronic signature platform in the form of data messages. When creating your own electronic signature, you can set up a handwritten signature on a third-party electronic signature platform, or you can use the electronic signature generated by the system, and you can choose from a variety of ways.
I want to make something simple and beautifulElectronic Signatures, we can use PS technology, or we can use the free e-signature of the web page to generate automatically. The reason why we want to make an electronic signature is because we need to use it when we go on a business trip, and some documents are directly on the computer, if my boss is in a hurry to let you send it, then you need an electronic signature, you only need to cover the layer of the electronic signature on it, and then there is a fake effect, if there is no electronic signature, you may also have to print down the document and sign your words, and finally send it to the boss, Therefore, it is very convenient for you to have an electronic signature, and I will explain it to you from different perspectives. >>>More
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