How to judge whether the electronic contract platform is reliable?

Whether the electronic contract platform is reliable can be answered systematically. First of all, what is an electronic contract?

Let me briefly introduce: an electronic contract refers to an agreement that two or more parties conclude, change and terminate the civil rights and obligations of property through an electronic information network.

Is the electronic contract valid?

From the legal point of view, an effective electronic contract must meet two conditions at the same time: two signers pass real-name authentication and use reliable electronic signature technology. An electronic signature that meets the three conditions of locking the real identity of the signature subject, effectively preventing document tampering and accurately recording the signature time can be called a reliable electronic signature.

The electronic contract platform is not reliable. It is suggested to analyze the core technology, platform qualification and security, product service, platform strength, product price, etc.

First, the core technology

At present, the electronic contract 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 is no third-party electronic contract platform that really establishes technical barriers.

On the whole, the core technologies of all third-party electronic contract platform products are nothing more than three: identity authentication technology, digital signature technology and timestamp technology.

Among them, most platforms cooperate with CA institutions, submit applications to CA institutions, and issue legally recognized CA certificates to users, effectively proving the true identity of users. However, there are also a few platforms that cooperate with the public security department to realize user identification with the aid of eID system. As for the specific technology, although there are many classifications, the principle is basically the same. More convenient are face recognition, mobile phone verification and so on.

In terms of digital signature technology, all of them are consistent, and almost all of them use hash digest technology. The so-called hash digest technology mainly refers to the conversion of electronic files into a numerical value by some technical means. If the electronic file is changed, the value will also be changed immediately, so tampering can be quickly identified. It is worth mentioning that in terms of digital signature technology, France is currently the only enterprise that adopts blockchain technology and has specific cooperation with Alibaba Post.

Second, platform qualification and security.

Although there is little difference in core technology, there are still some differences in platform security.

From the IT point of view, platform security involves many aspects, among which the following are more valuable: commercial password license, IS02700 1 certification, SSL certificate and high-tech enterprise certification.

Commercial password license: As the electronic signatures and related hardware used in electronic contracts belong to commercial password products, these platforms need the sales license certificate of the State Cryptography Administration to use electronic signatures and build electronic contract platforms, otherwise they are illegal.

Is027001:ISO27001is the certification of information security quality management system, which was proposed by British Standards Institute (BSI) and is the most common international standard for information security risk management.

SSL certificate: refers to the authentication certificate level of the website server. SSL certificate has the functions of server authentication and data transmission encryption. The certificate has three evaluation levels, among which the EV SSL certificate is the highest, the OV SSL certificate is the second, and the DV SSL certificate is the weakest. Specifically, DV SSL certificate only verifies the domain name ownership, only encrypts the transmission information, and cannot prove the true identity of the website; OV SSL certificate is a standard SSL certificate that needs to verify the true identity of each unit of the website, and EV SSL certificate is an SSL certificate that follows the global unified and strict authentication standard, and it is the highest security level SSL certificate in the industry at present. Among them, OV SSL is mainly used for domestic websites, while EV SSL is more used for foreign websites. Reliable commercial websites will generally deploy EV SSL certificates or OV SSL certificates, and never deploy DV SSL certificates that have been abused by fraudulent websites.

High-tech enterprises: this certificate is issued by the state, which mainly examines the number of core intellectual property rights, the number of key technical fields, the corresponding indicators of innovation ability, and the proportion of R&D expenses in sales revenue. Compared with ordinary enterprises, high-tech enterprises can reduce or exempt 10% tax and enjoy a lot of national policy preferences. Therefore, the national audit is very strict, and the gold content of the certificate is relatively high.

Third, products and services.

The legality, validity and usability of products are the main directions of platform evaluation. In many cases, the legal effect and convenience of electronic contract products are the two ends of the balance. Professional electronic contract enterprises should make a good balance, optimize the user experience as much as possible, and make products more convenient and friendly.

The functional modules of the third-party electronic contract platform in the market are similar, including contract editing, contract sending, contract storage, contract management and other functions. In addition to basic functions, many electronic contract enterprises also provide legal extension services, such as opening one-click arbitration function and providing certificate issuance reports.

Many electronic contract platforms are mainly divided into three ways: independent deployment, API embedding and local deployment. The only obvious difference lies in the legal services that the platform can provide.

In fact, the future direction and trend of electronic contract industry lies in legal services. The biggest advantage of using electronic contracts lies in legal issues. If this tool can provide more legal services, it will be more popular with customers.

Fourth, the strength of the platform.

Because the electronic contract platform is still relatively new, many platforms are in the initial stage. For enterprises, capital, talents and customer relationship are the three most important factors.

First look at the financial strength. At present, official data show that Dafa has the best financing situation, with a total financing of more than 75 million yuan.

Second, look at the team strength. The founder of FADA is the founder of a small well-known law firm in the lawyer circle, with entrepreneurial experience and legal background, so FADA products also have obvious advantages in legal services.

Finally, look at the cooperative customers. Among the partners of Fada, there are Microsoft, Ctrip, Meituan, Uni-President, 1688, micro-loan network and so on. Judging from the number of cooperative big customers that official website can see, there are more developed big customers.

Fifth, the product price.

The reason why price is put last is because for enterprise users, the priority of product effectiveness is better than price. If we blindly pursue the price and ignore the effectiveness and safety of the product, it is a bit of putting the cart before the horse.

After comparing the prices of various products, it is found that almost all platforms sign electronic contracts with a unit price of around 5-6 yuan, regardless of the differences in charging modes of each platform. There are two main charging modes for electronic contract platform. One is based on the number of contracts signed. For example, if a contract involves three parties, it will be charged three times, and the fee will be deducted every time it is signed. The other is to charge by contract. No matter how many parties are involved in the contract, the cost will only be deducted once for each contract.

If the company has strict requirements for cost control and must compare the lowest unit price, then when examining the unit price, it is necessary to choose a more cost-effective charging model in combination with the company's situation.

To judge whether an electronic contract platform is reliable, we can consider the following points:

1, whether it complies with the current national laws and regulations.

There is no doubt that the primary requirement of electronic contracts is to abide by legal provisions. At present, most domestic manufacturers will cooperate with well-known CA centers, adopt PKI technology to realize electronic signature, stack blockchain storage certificates and other methods to prevent tampering.

2, whether the qualification is complete

The national regulatory requirements for the industry include that CA centers cooperating with electronic signature enterprises need to obtain the type certificate of commercial password products issued by the State Cryptography Administration, and electronic signature manufacturers cooperating with P2P need to have the information security protection level III of the Ministry of Public Security and ISO2700 1 certification.

3. Is SSL certificate installed?

At present, many electronic contract platforms are published directly on the Internet. If the SSL certificate is not installed on the platform, the website browser that opens the platform will pop up an unsafe warning directly, and it can be made clear that the safety factor of the platform website is very low first. Secondly, the website of the platform is red, not a small green lock.

If an SSL certificate is installed on the website, the website will display a secure green lock. If the platform involves economic transactions, it is best to install EV SSL certificate, which is the most secure certificate at present. Anxin SSL certificate can provide Dunham's, lawyer's advice and other services needed to apply for EV SSL certificate, ensure the true and reliable identity of the website, strengthen the trust of users, browse the website more safely and increase the online transaction volume.

4. Product performance

The stability, concurrency and response speed of the system are hard indicators, and the performance parameters of products are particularly important when the business volume of enterprises is relatively large or the real-time response requirements of enterprises are relatively high.

5. Product design

Whether the design of electronic signature docking products is friendly or not determines the online speed, development workload and post-maintenance workload of enterprise electronic signature.

The legal signing of an electronic contract should guarantee two parts:

One is the main content of the electronic contract document, and the other is the electronic signature/signature on the electronic contract!

At present, almost all legal electronic contracts are encrypted, transmitted and stored by blockchain, and technical support and storage are provided by third-party electronic signature service providers to ensure that the contract content will not be tampered with.

In addition to the deposit of the contract itself, the technology of electronic signature is also different.

Electronic signature service is a kind of software technical service, and the platform should help enterprises complete the reliable guarantee of electronic signature through technical means! Understanding is to realize electronic signature: the true identity of the signer, the true will of the signer, the signature data and the signature file are not tampered with.

Only the signature method that meets the requirements of the Electronic Signature Law is effective, otherwise it is regarded as an electronic signature method without legal effect guarantee.

Thirteenth electronic signatures meet the following conditions at the same time, as reliable:

(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.

The parties can also choose to use electronic signatures that meet their agreed reliable conditions.

Is the original handwriting electronic signature a reliable electronic signature method?

The original handwriting patent technology is adopted to record personal biometric signature information such as strokes, stroke sequence and stroke pressure, and the electronic signature data can be reliably linked with the signer to ensure the true identity of the signer.

Adopt a cryptographic system based on IBC. When making an electronic signature, the signer needs to enter personal identification information to confirm the signature. The signature process is the embodiment of the free will of the electronic signer, which ensures the true will of the signer.

The technologies such as national secret encryption algorithm, point-to-point encrypted transmission and blockchain are adopted to prevent signature data and signature messages from being tampered with. At the same time, signature recognition, handwriting restoration, handwriting traceability, document verification and other technologies are adopted to ensure that any changes can be presented and the signature and message fidelity are guaranteed.

If you want to choose a third-party electronic contract platform, it is suggested to consider from four aspects: verification strength, service content, service mode and platform strength.

Verification strength

Reliable electronic signature is an important factor to ensure the validity of electronic contracts. The Electronic Signature Law stipulates that a reliable electronic signature has the same legal effect as a handwritten signature or seal, and at the same time stipulates that an electronic signature must be owned by the signatory and controlled by the signatory when signing. Therefore, when choosing a third-party electronic contract platform, we must examine its authentication strength and see if it can provide effective real-name authentication and electronic signature services.

Taking the electronic contract platform signed by Zhongxin as an example, China Financial Certification Center, an authoritative CA certification institution, accesses banks, industry and commerce, public security and other databases. , and strictly verify the identity of the subject to ensure the authenticity and uniqueness of the subject's identity and the undeniable signature behavior, in line with the provisions of the law on reliable electronic signatures.

service content

Electronic contract signing involves not only electronic signature, but also contract signing management and electronic evidence preservation. Therefore, when choosing a platform, we should consider some corresponding supporting services to see if the platform has these services.

Taking Zhongxin Sign as an example, as an authoritative and reliable third-party electronic contract service platform in China, it can provide one-stop electronic contract services including identity authentication, standard contract template calling, online drafting, online signing, management filing, electronic evidence preservation and online notarization and arbitration. , to meet the various needs of customers.

Preview mode

Enterprises use the third-party electronic contract platform, mainly through the service provided by the platform, and it is best to provide a variety of docking methods to meet the customization needs of different enterprises.

Through the analysis and summary of the needs of enterprises for many years, there are three service modes: enterprise SaaS, API interface and localization deployment. SaaS is mainly aimed at small and medium-sized enterprises, providing them with a series of standardized electronic contract services such as online signing, contract management and evidence preservation. Users can log in to official website (/) in Zhongxin to sign and manage electronic contracts.

The API interface service is applied to the user's business system by calling the electronic contract interface, connecting the functions of subject authentication and electronic signature (CA certificate), and realizing the application and management of the electronic contract on the user's website /APP/ WeChat applet. (Tel: 0755-827902 14)

Privatization deployment aims at enterprises with high data privacy, and provides services such as private cloud deployment of electronic contract standard version, customized solutions and data management according to the individual needs of customers.

Platform strength

In addition to services, the strength of platform enterprises is also a major factor to be considered. What is the strength and reputation of the enterprise? Any endorsements? What if one day they go bankrupt? So I suggest you do a detailed study on the strength of the enterprise before choosing. It is best to choose a platform with strong comprehensive strength or government endorsement. Take CITIC sign as an example. Zhongxin Money is an electronic contract product owned by Zhongxin Center, a third-party organization. Zhongxin Center is an institution authorized and entrusted by the government to undertake the construction of trusted trading environment for e-commerce. It has both credibility and market flexibility, and has undertaken many national and local projects. Zhongxin Money, a pilot project for the development and application of national electronic contract standards, is one of them.

At present, there are different platforms in the market to provide electronic contract signing services. To judge whether the platform is professional, you can refer to these standards:

Do the products and services provided by 1. comply with laws and regulations?

According to the relevant provisions of the Contract Law and the Electronic Signature Law, a legal and effective electronic contract needs to meet a number of conditions at the same time:

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

2. Electronic signature, which can identify the signer and signature time, prevent tampering, and meet the requirements of effective electronic signature stipulated by law;

3. The signature identity has been effectively authenticated by a third party and meets the authentication requirements stipulated by law.

To sum up, it can be used as one of the reference standards for selecting suppliers.

2. Is the platform operation qualification valid?

Electronic contract is based on digital signature technology and information encryption technology, and its construction and operation need to strictly abide by laws and regulations to provide services. There are very few service providers in the market who hold the three-level protection of information systems (the highest civil level), the model certificate of commercial password products, the sales license of commercial password products, and the certificate of designated company for the production of commercial password products. At present, contract lock is one of the few service providers I know at the same time.

3. Ability to provide products and services according to the platform.

Strictly speaking, the electronic contract industry is not a new industry. The service mode of electronic contract signing, the core business of electronic contract platform, is basically the same. The author believes that the real gap in platform quality lies in the ability to provide products and services, including horizontal product types and vertical service depth.

Although the market of electronic contracts and electronic seals has developed for many years, the usage habits and patterns of seals and signatures have been followed for many years, which requires a long-term adaptation process in terms of ideas and concepts. The author believes that the coexistence of electronic seal and physical seal will continue for a long time. Therefore, in terms of platform products and service capabilities, the author believes that it will be a competitive advantage for electronic contract service providers (which can also be used as one of the product selection criteria for users) to provide services that pay equal attention to both physical objects and electronic seals, and that electronic contracts and paper contracts are under unified control.

4. Take various technical indicators as reference.

For people who know technology, it is a good reference standard to choose products by corresponding to various technical indicators of electronic contracts. However, for most enterprises or individuals, there are few technicians involved in the initial stage of product selection, so the relevant technical indicators will not be repeated for the time being.

5. Refer to the used user word of mouth and evaluation.

You can also refer to people who have used related products, but after all, the use scenarios and needs of both parties are different, and the reference value may not be great. It is better to compare similar products, and whether it is professional or not can be judged.