Are electronic contracts protected by law? Electronic contracts are also protected by law

Protected by law.

Article 11 of China's Contract 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." The Electronic Signature Law stipulates that an instrument in which the parties agree to use an electronic signature or data message shall not be denied its legal effect simply because it adopts the form of an electronic signature or data message. After the revision of the Civil Procedure Law in 2012, electronic data has become an independent type of evidence.

From a legislative point of view, the law has affirmed the legal status of electronic contracts.

However, not all electronic contracts have legal effect, and only electronic contracts that meet the legal requirements do. Different ways of signing electronic contracts will lead to different levels of complexity and probative power. The Electronic Signature Law stipulates that "a reliable electronic signature has the same legal effect as a handwritten signature or seal".

A reliable electronic signature needs to meet the conditions that the electronic signature data is exclusive to the signatory, controlled by the signatory, and has not been tampered with since it was generated, and the law requires the preservation of the electronic contract and the original form. The proof of the electronic contract signed by oneself is low, and it is necessary to prove the authenticity of the signature and that it has not been tampered with, which is complicated to adduce. Therefore, it is recommended to choose a third-party electronic contract formation system such as the "electronic contract security platform", the electronic contracts signed on this platform are legal and valid, it uses electronic signature encryption technology, once the signature can no longer be changed, and after signing it is stored in a secure cloud storage system, the evidence is solidified, and it is convenient to present evidence in case of disputes.

Moreover, because it is a third-party service provider, the evidence it provides is highly probative and easy for the judge.

Protected by law. Electronic contracts, like paper contracts, are protected by law.

Laws such as the Civil Code and the Electronic Signature Law all stipulate the legality of electronic contracts.

The following statutory requirements are required for an electronic contract to be valid:

1. The signatory of the contract must have the corresponding civil capacity.

2. The intention of the contract is true.

3. Electronic contracts should be signed with reliable electronic signatures.

4. The content of the electronic contract should be legal.

1. Electronic contracts are legally valid. A contract in the form of a data message is recognized by law, and as long as the content of the contract meets the requirements for its effectiveness as prescribed by law, and the two parties agree to sign it voluntarily through consultation, the contract has legal effect. The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.

2. The electronic contract is also a contract in written form, and the law clearly stipulates that the signing of a written contract has legal effect, but it needs to be agreed upon by both parties through negotiation, and arbitration or litigation can be filed if there is a contradiction in specific circumstances.

1. What does the contract look like?

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.

2. Does the handwritten agreement have legal effect?

Unless the law clearly stipulates the form of the contract, a handwritten agreement has the force of law.

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 expressed in electronic data interchange (EDI) and e-mails in electronic halls and can be accessed at any time shall be deemed to be in writing.

Article 143 of the Civil Code of the People's Republic of China.

Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning of the slender 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 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.

Messages that can be tangibly expressed in electronic data interchange, e-mail, etc., and that can be accessed at any time to file the data used for reference, shall be deemed to be in writing.

An electronic contract can be defined as 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. In recent years, with the rapid development of e-commerce and the digital economy, e-commerce platforms have continued to expand, and there have been more and more contract disputes on e-commerce platforms. The Civil Code expands the definition of contract formation and becomes legal in the event of a dispute arising from a new form of transaction in the Internet environment.

Case:A saw the second-hand brand leather bag released by B on a trading platform, and after communicating with seller B on the platform, A paid a deposit of 500 yuan in advance, and then successfully submitted the order, after which B handed over the second-hand bag to the courier to deliver it to A's order address. However, during the shipment, A regretted not wanting to buy it and contacted B to say that he would not buy the second-hand bag again.

Unexpectedly, the bag was lost in transit and has not been found. Does A still need to pay the remaining price of the second-hand bag? Does B need to return A's deposit?

Article 491:Where the parties conclude a contract by means such as letters, data messages, etc., and request the signing of a confirmation document, the contract is established when the confirmation is signed.

If the goods published by one of the parties through the Internet or other information networks are rotten or the service information meets the conditions of the offer, the contract shall be formed when the other party selects the goods or services and submits the order, unless otherwise agreed by the parties.

Article 512 of the Civil Code: Where the subject matter of an electronic contract concluded through the Internet or other information networks is the delivery of goods and delivery is made by express logistics, the consignee's signature time is the time of delivery.

Prosecutor Analysis:In this case, B's act of publishing a second-hand bag on the trading platform constituted an offer, and A's successful submission of the order constituted the delivery of the promise, and the sales contract between A and B had been established, and both parties should perform according to the contract and could not be terminated at will. In the case of a contract for the sale of goods concluded through e-commerce, if the parties have not agreed on the place and time of delivery, the place where the delivery is completed is the seller's door-to-door delivery, and the time of completion of delivery is when the buyer signs the contract for the delivery of goods.

In this case, the second-hand bag was lost in transit, buyer A did not receive the second-hand bag, and B did not complete the actual delivery. According to Article 604 of the Civil Code, the risk of damage or loss of the subject matter shall be borne by the seller before the delivery of the subject matter and by the buyer after delivery, so the risk of damage or loss of the second-hand bag shall be borne by seller B. Since B's obligation to A to deliver the second-hand bag cannot be fulfilled, and A's obligation to pay the price to B disappears accordingly, A does not need to pay the remaining price, and A can request B to refund the deposit of 500 yuan.

Tips for prosecutors

Although the form of the slip is different from the traditional written contract, the Civil Code clearly stipulates that it is a written contract form, so the electronic contract has the same legal effect as the traditional paper contract, and consumers can rely on the electronic contract such as online shopping records and orders as the basis for protecting their rights.