What are the legal issues related to electronic contracts?

An electronic contract is a form of contract recognized by the Contract Law. However, because electronic contracts use data messages as the carrier, they involve a series of technical standards, the core and most important of which is the electronic signature technology. The electronic signature mentioned here is a string of data or **, which uses the technical means of digital certificate to determine the true identity of the signer.

According to national law, only electronic contracts concluded with reliable electronic signatures are legally valid. The Electronic Signature Law defines a reliable electronic signature as follows, and an electronic signature is 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;

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.

Therefore, in order to ensure the reliability of electronic signatures, it is best for users to sign contracts on a third-party platform with strong technical insurance, and use digital signature technology with tamper-proof, identifiable identity and signing time to sign contracts, so as to ensure the reliability of contract electronic signatures and the security of contract signing.

Electronic contracts.

[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 the 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 512.

If the subject matter of an electronic contract concluded through the Internet or other information networks is the delivery of goods and the delivery is made by express logistics, the consignee's signature time is the delivery time. If the subject matter of the electronic contract is the provision of services, the time indicated in the generated electronic voucher or physical source voucher shall be the time for providing the service; Where the aforesaid vouchers do not indicate the time or the time indicated is inconsistent with the actual time of providing services, the time when the actual services are provided shall prevail.

Electronic signatures or electronic signatures are required for electronic contract signing

Legal basis: Article 13 of the Electronic Signature Law of the People's Republic of China.

An electronic signature is considered a reliable electronic signature if it meets the following conditions at the same time:

1) When the electronic signature production data is used for the electronic signature of Xiangkong Prefecture, 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 signatory;

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 the signature are concealed 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.

The legal basis for electronic contracts is Articles 469 and 512 of the Civil Code of the People's Republic of China. According to the relevant laws and regulations of China, 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 by means such as electronic data interchange (EDI) and e-mail, and which can be accessed at any time, are considered to be in writing. If the subject matter of an electronic contract concluded through the Internet and other information is the delivery of goods and the delivery of goods by express logistics methods, the consignee's signature time is the delivery time.

If the subject matter of the electronic contract is the provision of services, the time indicated in the generated electronic voucher or physical voucher is the time of provision of services; Where the aforesaid voucher does not indicate the time or the time indicated is inconsistent with the actual time of providing services, the actual time of providing services shall prevail. , Legal basis, 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 by means such as electronic data interchange (EDI) and e-mail, and which can be accessed at any time, are considered to be in writing.

According to the law, an electronic contract has legal effect as long as it meets the statutory conditions for validity, and the contract can be in written form or in electronic form. The statutory conditions for entry into force are: the parties to the contract must be persons with the corresponding civil act capacity; The parties enter into a contract with the true intention of expressing Huai Huai's enlightenment; The content of the contract shall not violate laws and regulations, public order and good morals, etc.

Article 466 of the Civil Code, which can tangibly express the content contained therein by means of electronic data interchange, e-mail, etc., and can be retrieved at any time for reference, shall be regarded as in written form.