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Electronic contracts that comply with the relevant provisions are legally binding. In 2005, China officially implemented the Electronic Signature Law. The Electronic Signature Law clearly stipulates that an electronic contract signed with a valid electronic signature shall have the same legal effect as a paper contract stamped or signed, and restricts the effective electronic signature.
At the same time, the Electronic Signature Law also provides clear provisions on the implementation and deployment of electronic contracts, and compliant third-party electronic contract platforms can provide safe and efficient electronic contract signing services for enterprises or individual users.
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At present, the electronic signature industry is still in its infancy in China, and the core technical means of products are basically the same. From the perspective of products and services, there are very few third-party electronic signature platforms that have truly established technical barriers. The market is also diverse, and Zhongxin is a unit authorized by the state, and it is relatively authoritative in law.
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Signing an electronic contract can be evidence in court.
Electronic contract is one of the forms of contract: electronic contract is a new form of contract that has emerged with the development of today's science and technology, and can be identified as a form of contract.
Article 63 of the Civil Procedure Law stipulates that evidence includes: (1) statements of the parties; (2) documentary evidence; (3) Physical evidence; (4) audio-visual materials; (5) Electronic data; (6) Witness testimony; (7) Appraisal opinions; (8) Inquest records.
The evidence listed in the law includes electronic data. Electronic contracts can become evidence in court, and the key is to prove the authenticity of electronic contracts, which requires cryptographic technical support and safeguards. There are some third-party electronic contract conclusion platforms in China, and the electronic contracts signed in the platform can be used as evidence in court.
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If the electronic signature is in legal form, it has legal effect.
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At present, the process of signing electronic contracts on various electronic contract platforms is almost the same, and I will use a diagram to briefly explain the signing process of electronic contracts
Step 1: Real-name authentication.
Real-name authentication is a verification of the authenticity of user information. There are two types of real-name authentication: individual real-name authentication and enterprise real-name authentication, of which personal real-name authentication adopts the method of face verification, which is convenient and fast.
Step 3: Send the contract.
Step 4: Sign by the other party.
After receiving the notice, the other party only needs to log in to the electronic contract platform, complete the real-name authentication, and check the content of the contract to complete the electronic signature and complete the contract signing.
Step 5: Contract storage.
Unlike the storage of paper contracts, electronic contracts are stored directly in the cloud after they are signed, without the need to print them out and store them in a special storage room. In addition, the financial-level data security mechanism of the electronic contract platform can better prevent file data leakage and ensure the authenticity and validity of the contract.
Step 6: Contract management.
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There are many third-party electronic contract service providers on the market, and the process of stamping is similar. Register through the cloud platform to quickly sign electronic contracts.
Step 1: Choose a reliable third-party platform, register and authenticate (it is important to prove that you are who you are in the online environment). Generally, you can make your electronic signature and the company's electronic official seal through the platform.
Step 2: Upload the documents that need to be signed, fill in the customer's name and mobile phone number and send them (the signing order of both parties can be customized).
When both parties have signed, it means that the entire contract has been signed! The electronic contract does not need to be sent, it does not need to be printed, and the signed electronic contract has the same legal effect as the paper contract seal, so it only takes a few minutes to complete the signing of an electronic contract!
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According to the Electronic Signature Law, an electronic contract signed with a reliable electronic signature has the same legal effect as a paper contract with a handwritten signature or seal.
According to the provisions of the Electronic Signature Law, an electronic signature is considered reliable if it meets the following conditions:
When the electronic signature creation data is used for electronic signatures, the electronic signature creation data is controlled only by the electronic signer when it is signed exclusively by the electronic signer.
Any changes to the electronic signature after signing can be detected.
Any changes to the content and form of the data message after signing can be found in conjunction with the electronic contract signing process, and we can summarize the following core points that should be paid attention to in an effective electronic contract:
Confidentiality of Content.
Content is tamper-proof.
Clarify the identity of the signatory.
Specify the signing time.
At the same time, in order to ensure the ability of electronic contracts as evidence in written form, the whole process of contract signing should also be stored and notarized by an authoritative third-party institution.
According to the Electronic Signature Law, an electronic contract signed with a reliable electronic signature has the same legal effect as a paper contract with a handwritten signature or seal. >>>More
Whether an electronic contract is safe depends on the provisions of the law, and Article 13 of the Electronic Signature Law stipulates that: >>>More
This issue depends on the negotiation between the two parties, and if both parties comply, then if the other party does not admit it, whether the third-party platform is protected by law needs to consult a lawyer or the court.
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