What are the ways to conclude an electronic contract? How to judge the establishment of electronic contract? How do offer and acceptance affect the formation of a contract?

National laws and regulations recognize the legal effect of electronic contracts.

First of all, similar to traditional paper contracts, electronic contracts also need to ensure the effective identity and true will of the signatory.

Secondly, in contract law, data message is recognized as one of the written forms of contract.

Article 10 of the Contract Law of People's Republic of China (PRC) * * A contract may be concluded in written form, oral form or other forms. If laws and administrative regulations stipulate that it should be in writing, it should be in writing. If the parties agree to use written form, it shall be in written form.

Article 11 of the Contract Law of People's Republic of China (PRC) refers to contracts, letters and data messages (including telegrams, telexes, faxes, electronic data interchange and e-mails) and other written forms that can tangibly express their contents.

Finally, the electronic signature inevitably used in electronic contracts has the same legal effect as the handwritten signature or seal.

Article 14 of the Electronic Signature Law of People's Republic of China (PRC) (revised 20 19) A reliable electronic signature has the same legal effect as a handwritten signature or seal.

Of course, it's not just any word document. Inserting a stamped picture can turn it into a compliant electronic contract. The laws of various countries strictly restrict electronic contracts with legal effect from four aspects: the legality of form, the legality of preservation, the authenticity of evidence and the reliability of signature.

Please click to enter a picture description.

Finally, what is a reliable electronic signature is also clearly stipulated in the Electronic Signature Law.

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To sum up, as long as the electronic contract meets the following three requirements, it can be recognized by law and has corresponding legal effect.

1. The identity of the signer has been effectively authenticated by a third party, which meets the authentication requirements stipulated by law, and the signature behavior is the true will of the signer;

2, the original data message, can reliably keep the content complete, tamper-proof, meet the requirements of the original form and file preservation stipulated by law;

3. Electronic signature can identify the signer and the time of signature, and it is tamper-proof and meets the requirements of effective electronic signature stipulated by law.

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The design and development of the contract lock electronic contract cloud signing platform fully conforms to the relevant national laws and regulations, thus ensuring that the contract is true and effective and protected by law. Starting from the three elements of the legality of electronic contracts, the contract lock has implemented safe and thorough safeguard measures.

1, signer authentication and genuine will guarantee

The contract lock platform is connected with the citizen network identity identification system and business-related identity authentication system of the Ministry of Public Security, which can authenticate enterprises and individual users.

After passing the authentication, the docking national CA center will issue a digital certificate, which is equivalent to the network ID card of the signing subject, and can be used to confirm the identity and make your own signature and signature. With the digital certificate, the contract lock can confirm the identity of the signing subject through the CA digital certificate before each signature action.

Enterprise real-name authentication needs to submit enterprise basic qualification information, enterprise power of attorney and complete basic household verification.

There are three forms of personal real-name authentication: three-factor authentication (ID number, name and mobile phone number), four-factor authentication (ID number, bank card number, name and mobile phone number reserved at the bank card counter) and face recognition authentication (dynamic living face recognition), which fully guarantees the authenticity and effectiveness of the signer.

After confirming the identity, in order to ensure that the signing of this operation is my true will, I need to enter my own independent password when signing or signing the confirmed final contract, or confirm the signing by SMS secondary authentication, security U shield, face recognition, fingerprint recognition, etc., to prevent denial to the greatest extent.

2, the original data message protection

After confirming the signer's wishes, the contract lock encrypts the contents of the file to be signed by a hash algorithm, and obtains the hash value of the file, which ensures the invariance of the file.

HASH value, that is, hash value, is a set of binary values obtained by encrypting the file content through a certain hash algorithm (generally MD5, SHA- 1, etc.). ). The characteristic of hash value is that it corresponds exactly to the original file and is unique. Once the original file changes, the corresponding hash value will also change. It is precisely because of this feature that it is often used to judge whether two files are the same.

Then, the contract lock uses the signer's private key and public key to complete the encryption and secure transmission of the signed file.

Characteristics of private key and public key:

1. The public key and the private key are in one-to-one correspondence and match each other;

2. The private key is kept by the digital certificate holder, which is unique and can show the identity;

The public key is published by CA on the Internet, which is public and used to verify identity.

The transmission process of contract lock is as follows:

A. Encrypt the file hash value through the sender's private key to generate a digital signature.

B, inserting a digital signature into the original text, and encrypting the file with the digital signature with a common password to obtain an encrypted file.

C, encrypting the public password with the public key in the receiver's CA certificate to generate a digital envelope.

D. The system sends the file encrypted with the public password and the digital envelope containing the public password to the receiver.

Through strict transmission process, this file can only be opened by the receiver with his own private key. At the same time, because the file is encrypted with the sender's private key, the sender's identity can be automatically verified by the sender's public key, and whether the file content has been tampered with can also be intelligently verified by hash value operation.

Therefore, the file signed and stored in the contract lock can only be opened by the receiver and the file sender with the private key. Others, even system administrators and contract lock related technicians, have no right to view and modify it.

Therefore, the integrity and tamper resistance of the original data message have been properly protected, which conforms to the original form and file preservation requirements stipulated by law.

3. Electronic signature guarantee

Electronic signatures and signatures contain the signer's digital certificate. As mentioned above, a digital certificate is issued by a national authoritative digital certificate issuing authority and can be used to prove the identity of the signer.

At the same time, every time an electronic signature is signed, a time stamp will be added to the signed document, which will be issued by the National Time Service Center in real time to prove the signing time.

Finally, the electronic signature also records the hash value of the signed document, which can be used to prove the integrity and tamper resistance of the signed document.

Contract lock ensures that every electronic contract signed on the electronic contract cloud signing platform has legal effect from three aspects: identity authentication and true will protection, original data message protection and electronic signature protection.

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If there is a dispute, the electronic contract with complete characteristics has legal effect itself, and the presentation of a complete electronic contract can prove its effectiveness just like the presentation of a paper contract.

On this basis, when users have further needs, contract lock also provides more perfect legal support.

Contract locks provide complete legal aid in case of disputes.

Electronic contract is recognized by national laws and is a legal and legally binding form of signing. Based on national laws and regulations, contract lock designs and builds an electronic contract cloud signing platform to ensure the effectiveness of electronic contracts signed by each platform, provide complete legal support and protect the contractual spirit of every user.