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How to sign an electronic contract on a mobile phone

1. What is an electronic contract?

As the name implies, electronic contract is to electronize the traditional paper contract and form an electronic contract;

According to the relevant provisions of China's Civil Code, the electronic version of the contract is a contract concluded by the parties to the contract through electronic data exchange and e-mail. The characteristic of the electronic version of the contract is that it can tangibly express the recorded contents and the parties can use it at any time.

2. How to sign an electronic contract?

From a legal point of view

First of all, the signing of the contract must have legal effect, so as to reflect the significance of the existence of the contract. Article 14 of the Electronic Signature Law clearly stipulates that "a reliable electronic signature has the same legal effect as a handwritten signature or seal".

So, what kind of electronic signature is a reliable electronic signature?

Article 13 of the Electronic Signature Law clearly stipulates that:

(1) When the electronic signature production data is used for electronic signature, it belongs to the exclusive rights of the electronic signer;

(2) When signing, the electronic signature production data is only controlled by the electronic signer;

(3) Any changes to the electronic signature after signature can be found;

(4) Any changes to the content and form of the data message after signature can be found.

Electronic signature law regulations

Summarize these four points: true identity, true will, unchanged original text and unchanged signature. That is to say, to ensure that the signer's identity is true and accurate, there is a clear signature meaning, and the original text of the signature file and the signature data itself cannot be tampered with. Only a reliable electronic signature can meet the above four requirements.

work angle

Specifically, to sign an electronic contract online and ensure the authenticity and validity of the contract, the following conditions and processes need to be met:

Real identity

After registering on the platform and passing the real-name authentication, users will get exclusive electronic signatures and seals, and have CA digital certificates issued by CA institutions.

Personal real name authentication methods: face recognition, operator three-factor authentication and bank card three-factor authentication;

Enterprise real-name authentication methods: enterprise payment, enterprise Alipay authentication, legal representative authentication, and legal representative authorization authentication; Before enterprise real-name authentication, managers need to complete personal real-name authentication first.

Online signing

Covers all kinds of signing terminals, and supports diversified signing methods such as PC, H5 and applet. Users can enter the signing page, directly use local documents or initiate signing through contract templates.

True will

In view of Article 16 of the Electronic Signature Law, "If an electronic signature needs third-party authentication, an electronic authentication service provider established according to law shall provide authentication services." Therefore, it is necessary to confirm the will through the third-party authentication service to meet the requirements of the real will.

Self-signature: fill in the signature information in the preset filling area and signature area, confirm the willingness to authenticate, and complete the self-signature;

Opposite party: After receiving the signing notice by SMS, QR code, email and other means, enter the signing page. After browsing the contents of the contract, through real-name authentication, fully express the willingness to sign the contract and complete the signing.

The original text remains unchanged, and the signature remains unchanged.

Electronic contract signing, through hash algorithm, trusted timestamp and other technical means, ensures that the content and form of the signed data message are consistent with those in the signing.

Hash algorithm: Hash value is the "unique ID card" of each contract. Different documents (even if the contract name is the same) get different hash values, and the hash values are irreversible, so the original text cannot be obtained through hashing, so any changes to the content and form of data messages can be found after signing.

Time stamp: the introduction of time stamp ensures the content and time of signature to be solidified, and also achieves the purpose of anti-tampering of the original text, which is a double guarantee.

The whole process is winding, safe and reliable.

The whole process of electronic contract signing is over. Through the judicial blockchain of the people's court, the whole process of contract signing is stored in the judicial blockchain in real time, and electronic evidence is directly connected to the authoritative institutions such as Internet courts, notary offices and judicial authentication centers on the blockchain. When a judicial dispute occurs, electronic evidence can be directly verified and used by the court.

Through the above steps, we can ensure that the signed electronic contract is safe and reliable and has complete legal effect.