What kind of electronic contracts are valid? Are electronic contracts valid?

An effective electronic contract needs to meet the following two basic conditions at the same time: 1. Use the electronic contract formation system of a third-party electronic contract service provider 2. Use reliable electronic signature technology.

In short, an electronic contract is only valid if it complies with the law:

The Contract Law and the Ministry of Commerce's Specification for the Process of Entering into Electronic Contracts stipulate that a legal and valid electronic contract refers to a data message formed by the contracting parties on the Internet through a third-party electronic contract conclusion system and using reliable electronic signature technology.

The Electronic Signature Law clearly stipulates that "reliable electronic signatures have the same legal effect as handwritten signatures or seals", and that "if an electronic signature requires third-party authentication, an electronic certification service provider established in accordance with the law shall provide authentication services".

It can be seen that an electronic contract signed by a third-party electronic contract platform is a legal and effective electronic contract.

However, not all electronic signatures provided by any organization are protected by law, and only reliable electronic signatures provided by CA institutions that are legally established and have obtained the Electronic Authentication Service Permit of the Ministry of Industry and Information Technology are protected by the Electronic Signature Law.

Only electronic contracts signed with reliable electronic signatures can "have the same legal effect as handwritten signatures or seals", and have the legal effect of documentary evidence in judicial proceedings, and the process of evidence collection and appraisal can also refer to documentary evidence, which is convenient and fast. However, an "electronic contract" concluded by means of e-mail, chat records, faxes, PDFs, visual seals, and ordinary electronic signatures that cannot be judged to be reliable electronic signatures can only be used as ordinary data messages, and can only be used as judicial evidence after being accompanied by a notary public in the process of expensive and cumbersome appraisal such as evidence collection, storage, and appraisal.

The requirements for the validity of the contract: first, the parties to the contract have the corresponding civil capacity, second, the consciousness is true, and third, it does not violate the mandatory provisions on the validity of laws and administrative regulations.

The validity of the contract must be in accordance with: (1) the parties to the contract are legitimate, that is, the parties to the electronic contract have the ability to guess the corresponding civil acts; (2) the intention of the parties to the contract is true, that is, the parties to the electronic contract have truly expressed their inner intention of effect, and the meaning of the effect is consistent with the performance behavior; (3) The content of the contract is legal, that is, the content of the electronic contract does not violate laws and regulations or the public interest; (4) The subject matter of the contract is clear and probable, that is, the content of the offer and acceptance of the electronic contract must be clear and performable.

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 that should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it accept and bear responsibility for violating such obligations.

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

Yes. The effective force is great.

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 contract expression that can be directly signed and sealed in the form of electronic files realized by technical means.

According to the "Specification for the Process of Entering into Electronic Contracts Online", a legal and effective electronic contract refers to the data messages formed online by the parties through a third-party electronic contract conclusion system, using 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.

You can learn here: How to stamp an electronic contract with legal effect?

The electronic contract signed online is valid if it meets the statutory conditions for taking effect, and the specific conditions for taking effect are, the party to the contract has the corresponding civil capacity, the electronic contract signed online is the true meaning, the content of the contract shall not violate the mandatory norms of laws and administrative regulations, and other conditions for the effective date of the deferred auction of the bank.

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.

An electronic contract is valid if it is the true expression of the intention of both parties to the contract and has the same legal effect as a written document. The electronic data of electronic signatures, provided that they are technically secured, for example, comply with the provisions of the law on written signatures and written documents, can have the same legal effect as "signed documents" and "signed originals".

In litigation, electronic data has the same admissibility as other traditional forms of evidence, and will not be accepted or denied evidence because it is in the form of electronic data.

An electronic contract using electronic data as the carrier does not deny its legal effect, validity and enforceability because it adopts the form of the carrier, and as long as the contract complies with the mandatory provisions of the law, it can enjoy the same legal effect as a traditional written contract.

Article 11 of the Contract Law of the People's Republic of China.

The form of the letter is the form in which the contents of the contract can be tangibly expressed in the form of contracts, letters and data messages (including telegrams, telex, faxes, electronic data interchange and e-mail).

The electronic version of the contract is valid. An electronic contract is a type of written form that can tangibly represent the content contained in the contract; The parties may agree to conclude a contract in written, oral or other form, and if the parties have agreed in advance to adopt written form, the written form shall be adopted; If the parties have not signed a contract, one party has performed the main obligations of the contract, and the other party has accepted it without objection, the contract may be deemed to be established. 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.

Contracts established in accordance with the law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

Article 469 of the Civil Code of the People's Republic of China [Form of Contract Formation] 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, 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 465:[Validity of Contracts Established in Accordance with Law]Contracts established in accordance with law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

Legal analysis: An electronic contract is valid as long as it meets the requirements of the validity of civil legal acts: 1. The actor has the corresponding capacity for civil conduct, the expression of intention is true, does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

Legal basis: Article 143 of the Civil Code of the People's Republic of China A civil juristic act that meets the following conditions is valid: (1) the actor has the corresponding capacity for civil conduct, (2) the expression of intent is genuine, and (3) it does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

Summary. Hello, valid. According to the provisions of China's Civil Code, electronic contracts are established in accordance with the law, and after reliable digital signatures, they are legally effective, and the parties must perform the contract as agreed.

Article 502 of the Civil Code of the People's Republic of China [Effective Time of Contract] A contract established in accordance with law shall take effect at the time of its establishment, unless otherwise provided by law or otherwise agreed by the parties.

Hello, valid. According to the provisions of China's Civil Code, electronic contracts are established in accordance with the law, and after reliable digital signatures, they are legally effective, and the parties must perform the contract as agreed. Article 502 of the Civil Code of the People's Republic of China [Effective Time of Contract] A contract established in accordance with law shall take effect at the time of its establishment, unless otherwise provided by law or otherwise agreed by the parties.

Hope it helps!

Hello, I am applying for a university teacher, after applying for the job, now let me sign an electronic contract, and then sign a personnel contract after joining in September, this electronic contract, in what form is the most secure to sign?

Hello, please reply immediately after seeing the message, I'm more anxious Thank you.

Electronic contract is a form of expression from offline paper contract to online contract, which is displayed on the network in the form of data, and the integrity and objectivity of electronic contract data cannot be guaranteed, because after the contract is signed, it may encounter uncertain factors such as human tampering, data leakage, and hacker attacks. It is recommended to go to a third-party electronic contract platform to ensure the legal validity of the signed contract through technology.

Can electronic contracts in colleges and universities be forged?

Electronic materials are easy to tamper with, and if you feel that you are not in control, you can negotiate a contract to be completed by mail.

Legal interpretation of the validity of electronic contracts

1.What are the valid forms of contracts?

Article 10 of Chapter 2 of the Contract Law.

The parties enter into 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.

Article 11 of Chapter II of the Contract Law:

Written form refers to the form in which the contents of contracts, letters and data messages (including telegrams, telex, faxes, electronic data interchange and e-mails) can be tangibly expressed.

Explanation:Contracts concluded in the form of data messages are written contracts like traditional paper contracts, which recognizes the legal validity of electronic contracts from a legal perspective. The Contract Law gives five forms of representation of data messages:

Telegraph, telex, fax, electronic data interchange and e-mail.

Article 2 of Chapter 1 of the Electronic Signature Law:

"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.

Explanation:The electronic signature law defines data messages in a more essential way. An electronic signature is not a simple form of symbol or stamp, but a legal concept, that is, only when certain conditions are met to form a data electronic document can it have legal effect and become a reliable electronic signature.

2.Do electronic signatures have the same legal effect as handwritten signatures or seals?

Article 14 of Chapter III of the Electronic Signature Law:

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

So what is a reliable electronic signature?

The Electronic Signature Law holds that an electronic signature is regarded as a reliable electronic signature if it meets the following conditions at the same time:

1) When the data for the creation of an electronic signature is used for electronic signatures, it is the exclusive property of the electronic signatory;

(ii) At the time of signing, the electronic signature creation data is controlled only by the electronic signatory;

iii) any alteration of the electronic signature after signing can be detected;

iv) 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.

Explanation:Digital signature is the basic technology at the bottom of electronic signature technology, which is a technical term rather than a legal term, and the law does not clearly stipulate that digital signature is the only technology that can realize electronic signatures, but it also does not clearly stipulate that the rest of the technologies can realize electronic signatures. Therefore, digital signature is currently a relatively recognized technology for realizing electronic signatures, so laws and regulations do not define digital signatures.

How to sign an electronic contract to be valid?

1. Sign on a third-party electronic platform. Different from the traditional offline contract signing method, the electronic contract is carried out on the Internet, relying on a third-party electronic platform, and the third-party electronic platform meets the requirements of the law, so if the company wants to sign a legal and effective electronic contract, it must be signed on the third-party electronic platform.

2. Reliable electronic signature. Article 14 of the Electronic Signature Law also 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 following four criteria:

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.

3. The real signatories. When signing an electronic contract, the user of Party A can digitally sign and send the document when initiating the contract signing, and after the receiver receives the contract, it automatically verifies the digital signature to confirm that the identity of the document signatory is credible, and the document has not been illegally tampered with during transmission, and then signs and the electronic contract is completed.