What is an electronic contract? What is an electronic contract?

According to the provisions of the Contract Law, an electronic contract is a kind of all data messages (e-mail, SMS, web pages, etc.), and the electronic contract needs to comply with the following regulations in order to be a data message in legal significance, one has a form of expression, satisfies the investigation at any time, and self-preservation can ensure the integrity of the data, two generation, storage, transmission is reliable, to ensure the integrity and authenticity of the content, three has a reliable electronic signature, handwritten signature, or electronic signature, and four can identify the sender, recipient, time and other contents of the data message. From the Contract Law, it can be known that an electronic contract is legally effective only if it satisfies the above four points.

However, at present, while meeting the conditions for the formation of the contract, it is also necessary to take into account the entry into force of the contract, and the e-Protect electronic contract is an electronic contract witnessed by the judicial and notary offices, which can be said to be very professional.

The specific content of electronic contracts is no different from traditional contracts, except that they are "paperless" in the way they are concluded, borrowing online platforms, e-mails and other forms.

The law states that contracts can take the form of written, oral, and other forms. Article 469 of the Civil Code clearly stipulates that written form is a form in which the contents of a 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.

Legal analysis: An electronic contract refers to an electronic agreement signed by both parties to the contract through the Internet in the form of data electronic documents, and the two parties use digital signatures, that is, electronic signatures, to indicate that the contract is effective, and clarify the rights and obligations of both parties. Different from the traditional written contract, the electronic contract is stored in the port of the Internet, which is an intangible object and is easy to be changed by the interested party, so it is necessary to adopt a specific system to sign the contract to protect the security of the contract.

Legal basis: Article 5 of the Model Law on Electronic Commerce Recognition of data messages The legal effect, validity or enforceability of a piece of information may not be denied solely on the ground that it is in the form of a data message.

Electronic contract, as the name suggests, is to electronicize the traditional paper contract to form an electronic version of the contract;

According to the relevant provisions of China's Civil Code, an electronic contract is a contract concluded by the parties to the contract by means of electronic data interchange, e-mail, etc. The electronic version of the contract is characterized by the fact that it can tangibly represent the content of the record and can be accessed and used by the parties at any time.

Therefore, an electronic contract is a form of written contract stipulated in the Civil Code, which refers to an agreement reached by two or more parties in electronic form through an electronic information network to establish, modify or terminate a certain civil rights and obligations.

Electronic contracts contain:Identity authentication, digital certificates, electronic signatures, time stamps, and evidence preservationwithLegal supportSo, how do you sign a legally binding electronic contract?

According to the requirements of the Electronic Signature Law for reliable electronic signatures, only those that need to meet these four elements are considered to be reliable electronic signatures that comply with the law: (1) whether the digital certificate is exclusive to the electronic signer; (2) whether the contract was signed with the true intention of the electronic signatory; (3) whether any alteration of the signed electronic signature can be detected; (4) Whether the person and changes to the signed electronic document can be discovered.

Electronic Signatures Act

NamelyThe real identity, the real will, the signature has not been changed, and the original text has not been changed

The electronic contract is a contract signed on a formal third-party network platform, which has the same legal effect as the offline one.

1. Electronic contract refers to an agreement between the parties to clarify the relationship of mutual rights and obligations through e-mail and the electronic data exchange in order to achieve a certain purpose under network conditions. What is e-mail.

E-mail) is based on the network protocol, input letters, notes, files, ** or sounds from the terminal to transmit information to the other terminal through the mail server. And electronic data interchange.

EDI) is the electronic transmission and processing of commercial data with a certain structure in accordance with agreed standards through computer networking.

1. Two or more parties to the contract operate on the network and can not meet each other. The content of the contract and other information are recorded in the intermediary carrier such as the computer or disk, and the process of modification, circulation, and storage is carried out in the computer.

2. The traditional signature and seal method that indicates the entry into force of the contract is replaced by a digital signature (i.e., an electronic signature).

3. The effective place of a traditional contract is generally the place where the contract is formed, while the place of business of the recipient is the place where the contract is concluded in the form of a data message. If there is no principal place of business, the place of habitual residence shall be the place where the contract is concluded.

4. The electronic data relied on by electronic contracts is easy to disappear and easy to change. Electronic data is stored in a magnetic medium, which is an intangible object, and it is not easy to leave traces of alteration and forgery. It has certain limitations as evidence.

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 is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 502.

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 who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it 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.

Legal analysis: Electronic contract refers to a contract concluded through a computer network system and generated, stored or transmitted in the form of data messages. An electronic contract signed by all parties has undergone real-name authentication and is signed using reliable electronic signature technology, which has the same legal effect as a paper contract and a handwritten signature.

A valid electronic contract requires two conditions to be met at the same time:

1) the use of electronic contract formation systems of third-party electronic contract service providers;

2) Use reliable electronic signature technology.

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

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.

Legal basis: Article 13 of the Electronic Signature Law stipulates that an electronic signature shall be 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.

Parties may also choose to use electronic signatures that meet the reliable conditions they have agreed upon.

Article 14 of the Electronic Signature Law provides that a reliable electronic signature has the same legal effect as a handwritten signature or seal.

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", generally speaking, a legal and effective electronic contract refers to the data messages formed by the parties on the Internet through a third-party electronic contract conclusion system, which adopts 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 certified by a third party in order to be recognized by legitimate electronic certification service providers.