Is an electronic contract valid without my signature?

Is an electronic contract valid without my signature? An electronic contract that is not signed by the person in question is not valid.

1. The original data message can reliably maintain the integrity of the content and tamper-proof, and meet the requirements of the original form and document preservation stipulated by law;

2. Electronic signature, which can identify the signer and signing time, is tamper-proof, and meets the requirements of effective electronic signature stipulated by law;

3. The identity has been validly authenticated by a third party and meets the certification requirements stipulated by law;

Electronic contracts are actually a new form of contract, so in addition to complying with the provisions of the Contract Law, the provisions of the Electronic Signature Law should also apply. When signing an electronic contract, it is advisable for the signatory to agree in the terms of the contract to use electronic signatures, data messages, and electronic evidence preservation, as well as to choose an electronic signature and third-party signing platform certified by an authoritative and reliable third party.

An electronic contract without the signature of the person in question is invalid.

Two conditions must be met for an electronic contract to take effect: 1) the signatory of the contract has undergone real-name authentication, and 2) a reliable electronic signature recognized in accordance with the Electronic Signature Law.

If there is no signature, it will certainly have no legal effect and will be invalid.

Electronic contract signatures can take many forms:

Enter your name in the email containing the terms of the contract;

A handwritten signature added to an electronic document such as a PDF file;

Tick the box that states "I accept" the terms of the agreement (or other similar wording) (usually more commonly than in form contracts);

Sign with an input pen or sign by hand on the "signature screen", and generate a signature similar to the signatory's handwritten signature on the electronic document displayed on the screen;

An electronic signature generated by an electronic signature platform, i.e., an electronic signature is generated by checking a box or entering a name on an electronic document (the electronic signature may not necessarily be similar to the handwritten signature of the signatory).

It does not have to be signed to be valid.

An electronic contract that is not signed by the person is invalid.

1. The perpetrator has the corresponding capacity to act.

2. The meaning is true.

3. Do not violate the law or the public interest.

These conditions are the general requirements for the contract to take effect, and some electronic contracts also need to have special requirements, such as some special electronic contracts need to go through the approval and registration procedures with the relevant departments before they can take effect. The following requirements are required for an electronic contract to take effect:

4. The actor has the corresponding capacity for civil conduct.

The requirement that the actor has the corresponding capacity for civil conduct is also known as the principle of capacity or the principle of subject qualification. The perpetrator must have the ability to correctly understand the nature and consequences of his or her actions and to express his or her meaning independently.

Therefore, an electronic contract that is not signed by the person is invalid.

How to sign a contract online.

After the third-party platform has signed the contract in accordance with the steps for signing the contract, the electronic contract is valid. What is the law on signing a contract online, it is valid to sign a contract in accordance with the law.

1.The law stipulates that electronic contracts are legal.

According to Article 11 of the Contract Law of the People's Republic of China, written form refers to the form in which the contents of the contract, letters and data messages (including telegrams, telex, fax, electronic data interchange and e-mail) can be tangibly expressed.

2.The law provides for the elements of an electronic contract.

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.

Electronic contract signing is available at:Rest assured to sign an electronic contract platformSigning, because it is necessary to ensure that the signed contract has legal effect and to meet the function of evidence preservation and collection.

1. The electronic exchange of data may indicate the content contained in the contract, as long as the parties use their own QQ, email and other exclusive communication tools to make an offer to the other party and the other party promises to reply to itself, or the other party issues an offer and promises to reply to the other party by its own commitment, and promises to be consistent with the offer or does not make substantial changes to the offer, neither the offeror nor the offeree has withdrawn or revoked the offer or commitment in accordance with the law, and the promise reaches the offeror. The parties have reached an agreement on the main content of the electronic contract, and the contract is legally valid even if it is not signed. It is legally binding on both parties.

2. The parties may conclude a contract in written, oral or other forms. Where laws and administrative regulations provide for the use of written form, the written form shall be used. If the parties agree to use written form, the written form shall be used.

3. Contracts in written form include contracts, letters, and data messages (including telegrams, telexes, faxes, electronic exchange of data, and other forms that can tangibly indicate the contents contained in the contract).

4. When the parties conclude a contract, they adopt the form of offer and acceptance, and the offer is an expression of intent to conclude a contract with others, and the expression of intent shall comply with the following provisions: the expression of intent is true. Indicates that the offeror is bound by the expression of intent as soon as it receives an acceptance from the offeror.

5. Acceptance is an expression of intent to agree to the offer, and the notice of acceptance takes effect when it reaches the offeror. Where a pledge does not require notice, the pledge takes effect when the pledge is made.

6. The contract is formed when the commitment takes effect.

7. If a contract established in accordance with the law has legal effect at the time of its establishment, and if the laws and administrative regulations stipulate that it is necessary to go through the approval and registration formalities and take effect, such provisions shall be followed.

8. QQ chat records, as a kind of electronic exchange of data, belong to a legal form of contract, and the parties to the contract can reflect the specific content of the contract in the QQ chat, and when the offeror makes an offer, expresses its intention to enter into a contract with the other party, and the offeror issues a commitment to agree to the offer, the commitment takes effect when it reaches the offeror. The contract is formed when the commitment takes effect.

A contract established in accordance with law shall take effect from the time of its establishment. Legally binding on both parties.

The judicial basis is Articles 8, 10, 11, 13, 14, 15, 25 and 44 of the Contract Law of the People's Republic of China.

Void.

According toContract LawIt is stipulated that an electronic contract is a type of data message (e-mail, SMS, web page, etc.), and that an electronic contract must comply with the following regulations in order to have a legal meaning of data message.

Once there is a form of expression, it can meet the investigation at any time, and self-preservation can ensure the integrity of the data.

Second, the generation, storage, and transmission are reliable to ensure the integrity and authenticity of the content.

3. Possess reliable electronic signatures, handwritten signatures or electronic signatures

Fourth, it can identify the sender, recipient, time and other contents of the data message.

Electronic Signatures ActArticle 13 explains that if an electronic signature meets the following conditions at the same time, it shall be regarded as a reliable electronic signature:

1. When the electronic signature production data is used for electronic signature, it belongs to the electronic signer.

2. The electronic signature production data at the time of signing is controlled only by the electronic signer.

3. Any changes to the electronic signature after signing can be detected.

4. Any changes to the content and form of the data message after signing can be detected.

The above 4 conditions can be summarized as follows:"True identity, true will, signature unchanged, original text unchanged".

I'm guessing you've been scammed. A lot of people have asked this question these days. You are on the Internet for information, and then someone comes to you and says that if you don't receive the award, they will sue you for breach of contract, what the Beijing Intermediate People's Court or something.

Isn't that so? It's all fake. There is no electronic contract and no legal effect.

You must not believe it, do not give money, otherwise you will not get anything back. If you don't believe me, go to the police station and ask yourself, there are too many such scams, and the police uncle knows about it.

The Contract Law stipulates that a contract includes a contract, a letter, a data message (including telegrams, telex, fax, electronic exchange of data, and other forms that can tangibly indicate the contents contained in the contract).

If you are not at ease, you can use the Haoqi mobile app to sign the contract

Of course it was invalid, it was not signed, and it was not fingerprinted.

A contract signed with a digital certificate issued by a national third-party certification authority is valid and legal, but no electronic signature is considered invalid. The Electronic Signature Law stipulates that "a reliable electronic signature has the same legal effect as a handwritten signature or seal". The Electronic Signature Law imposes requirements on valid electronic contracts, and not all electronic contracts have the same legal effect as paper contracts.

Reliable Electronic Signatures" requirement:

1. When the electronic signature production data is used for electronic signature, it belongs to the electronic signer.

2. The electronic signature production data at the time of signing is controlled only by the electronic signer.

3. Any changes to the electronic signature after signing can be detected.

4. Any changes to the content and form of the data message after signing can be detected.

Article 14 of the Electronic Signatures Act stipulates that reliable electronic signatures have the same legal effect as handwritten signatures. At the same time, article 13 stipulates that an electronic signature can only be considered reliable if it meets the following conditions at the same time:

1. When the electronic signature production data is used for electronic signature, it belongs to the electronic signer.

2. The electronic signature production data at the time of signing is controlled only by the electronic signer.

3. Any changes to the electronic signature after signing can be detected.

4. Any changes to the content and form of the data message after signing can be detected.

1. The original data message can reliably maintain the integrity of the content and tamper-proof, and meet the requirements of the original form and document preservation stipulated by law;

2. Electronic signature, which can identify the signer and signing time, is tamper-proof, and meets the requirements of effective electronic signature stipulated by law;

3. The identity has been validly authenticated by a third party and meets the certification requirements stipulated by law;

The subject can make a judgment based on the above-mentioned conditions for the validity of the electronic contract in combination with the actual situation of the electronic contract signing.

An electronic signature is required for a valid electronic contract.

Combined with the Electronic Signature Law and the Contract Law, we can simply understand that an electronic contract that meets the following conditions is a "valid electronic contract":

1. The original data message can reliably maintain the integrity of the content and tamper-proof, and meet the requirements of the original form and document preservation stipulated by law;

2. Electronic signature, which can identify the signer and signing time, is tamper-proof, and meets the requirements of effective electronic signature stipulated by law;

3. The identity has been validly authenticated by a third party and meets the certification requirements stipulated by law;

As one of the important criteria for ensuring the validity of electronic contracts, Article 2 of the Electronic Signature Law clearly defines the Electronic Signature Law: "The electronic signature referred to in this Law refers to the data contained in electronic form in a data message and attached to it for the purpose of identifying the signatory and indicating the signatory's approval of its contents.

However, due to the cumbersome and costly process of ordinary individual or enterprise users to achieve the above conditions, which is contrary to the original intention of electronic signing to speed up and reduce costs, ordinary users only need to choose a reliable third-party electronic contract formation system to sign a valid electronic contract. This is also in line with the provisions of the Ministry of Commerce in the "Specification for the Process of Forming Electronic Contracts**": "Only by entering into an electronic contract through the electronic contract formation system of a third party (electronic contract service provider) can the fairness of the process and the validity of the results be guaranteed".

The electronic contract needs to be signed by both parties and authenticated by their real names. Including personal identity verification, mobile phone verification, WeChat, bank card information, enterprise-related materials and official seals, power of attorney statements and other certifications, submit the materials of both parties, and take photos in real time to form an evidence chain, it is valid.

Be sure to attach an electronic signature in accordance with the Electronic Signature Act. in order to become a reliable electronic signature.

1. When the electronic signature production data is used for electronic signature, it belongs to the electronic signer.

2. The electronic signature production data at the time of signing is controlled only by the electronic signer.

3. Any changes to the electronic signature after signing can be detected.

4. Any changes to the content and form of the data message after signing can be detected. Parties may also choose to use electronic signatures that meet the reliable conditions they have agreed upon.

As a written form of contract, when an electronic contract is used as evidence, it should first be judged whether the contract is validly established. Electronic contracts need to meet the requirements for the validity of the contract. According to the provisions of the Contract Law of the People's Republic of China, the validity of a contract must be established in accordance with:

1) The parties to the contract are legitimate, that is, the parties to the electronic contract have the corresponding capacity for civil conduct; (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.

In addition, as a special written form of contract, the electronic contract signed by ** also needs to meet other requirements, that is, the reliability of the electronic signature. Article 13 of China's Electronic Signature Law stipulates that "if an electronic signature meets the following conditions at the same time, it shall be regarded as a reliable electronic signature: (1) when the electronic signature production data is used for electronic signature, it is the exclusive property of the electronic signer; 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.

According to the laws of China, any electronic signature that meets the above four conditions can be recognized as reliable and has the same effect as a handwritten signature.