Is the electronic contract valid?

Question 1: Does an electronic contract have legal effect? How to sign an electronic contract is effective? According to the contract law, electronic contract is a kind of all data information (e-mail, short message, web page, etc.). ). Only when an electronic contract has a certain form and can be investigated at any time can it become a data message with legal significance. Self-preservation can ensure the integrity of data, reliable generation, storage and transmission, integrity and authenticity of content, reliable electronic signature, handwritten signature or electronic signature, and identifiability. From the Contract Law, we can know that electronic contracts have legal effect only if they meet the above four points.

How to sign a real and effective electronic contract? In our minds, there may be a picture that when signing an electronic contract, the rights and obligations of both parties are clearly defined, and the signatory or signer initiates the signing of the electronic contract, and according to the terms of the contract, the signing is completed through online signature and signature. But can this alone become a truly effective electronic contract? It is not difficult to see that electronic contract is a form of expression from offline paper contract to online contract. The data integrity and objectivity of an electronic contract cannot be guaranteed by the data form displayed on the network, because after the contract is signed, there may be uncertain factors such as human tampering, data leakage and hacker attacks. Faced with these risks, electronic data is easy to be lost and destroyed, which will bring immeasurable losses to people. How to ensure the authenticity and validity of electronic contract data?

As far as I know, Yi 'an is such an enterprise that protects data and realizes the security of electronic contracts through encryption and solidification. You can visit official website if you are interested.

Question 2: Does an electronic contract have legal effect? As long as the electronic contract conforms to the formal and substantive elements of the contract, it has legal effect. Article 33 of the Contract Law stipulates that if the parties conclude a contract by letter or data message, they may request to sign a confirmation letter before the contract is established. The contract was established when the confirmation letter was signed.

If there is no paper or other evidence to prove that the electronic contract will take effect in theory, but there may be many risks in practice, so it is best to have a fixed and identifiable evidence, which will play a great role in taking effect and future work.

Question 3: Is the online electronic contract valid? I didn't sign it. I guess you were cheated. Many people have asked this question in recent months. You get information online, and then someone comes to you and says that if you don't accept the prize, you will be sued for breach of contract, or Beijing Intermediate People's Court or something like that. Right? It's all fake. No electronic contract, no legal effect. Don't believe me, don't give money, or you won't get anything back. If you don't believe me, go to the police station and ask yourself. There are too many such fraud cases, and the police uncles all know it.

Question 4: How to sign an electronic contract to have legal effect? Electronic contract is just a title. E-mail, SMS and other data messages can also be said to be a kind of electronic contract.

There are no particularly strict format requirements for electronic contracts, as long as they can show who the two parties are, what the subject matter of the contract is, what the price is, when the contract will be performed, and so on.

An electronic contract is valid if it can show what a paper contract can show.

Question 5: Does an electronic contract have legal effect? To be legal and effective, an electronic contract needs to meet the following conditions:

Article 8 of the Electronic Signature Law stipulates that the following factors shall be considered when examining the authenticity of data messages as evidence:

> Reliability of methods for generating, storing or transmitting data messages;

> Reliability of methods for maintaining content integrity;

> the reliability of the method used to identify the sender;

& gt other relevant factors.

That is to say, in order to be true and effective evidence, electronic contracts must guarantee three reliabilities: the reliability of generation, storage and transmission; The method of keeping content integrity is reliable; The method used to identify the sender is reliable. In order to ensure the reliability of these three items, the relevant laws of our country clearly stipulate how to sign an electronic contract before it has legal effect. A legal and effective electronic contract should have three elements:

1. Electronic contracts must be signed through a third-party signing platform to ensure the fairness of the electronic contract signing process and the validity of the results.

China's Ministry of Commerce's "Process Specification for Online Electronic Contract Making" points out: "Only through the electronic contract making system of the third party (electronic contract service provider) can the fairness of the process and the effectiveness of the results be guaranteed."

2. To sign an electronic contract, the digital certificate (reliable electronic signature) provided by a legal CA must be used to ensure the authenticity of the signer's identity, the integrity of the content and the legality of the digital signature.

Article 14 of China's Electronic Signature Law stipulates: "A reliable electronic signature has the same legal effect as a handwritten signature or seal." Article 16 stipulates: "If an electronic signature requires third-party authentication, an electronic authentication service provider established according to law shall provide authentication services." The "reliable electronic signature" referred to here is a digital signature generated by signing a digital certificate issued by a legal CA.

3. The basic condition of reliable electronic signature technology is that the certificate used to sign the electronic contract must be issued by a certificate issuing authority trusted by Adobe, which ensures that the signed PDF file shows "credible signature" in Adobe reader, and the validity of the contract is automatically verified by Adobe reader, which is universal.

For more information, please refer to: electronic contract signing platform wosign/wosigndoc/index.

Question 6: How to determine the validity of an electronic contract? 1. The law provides for effective electronic contracts.

Electronic signature method not only meets the requirements of contract law for general contracts, but also requires electronic contracts to be valid because of their easy tampering. Not all electronic contracts have the same legal effect as paper contracts.

The Electronic Signature Law stipulates that "a reliable electronic signature has the same legal effect as a handwritten signature or seal". "Reliable Electronic Signature" Requirements

(1) When electronic signature production data is used for electronic signature, it belongs exclusively to 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.

In addition to meeting the requirements of reliable electronic signature, it also meets the requirements of the law on the original form and preservation conditions of electronic contracts. Generally, the electronic contract generated by the system or signed by e-mail has low probative power, and it needs to prove the authenticity of the signature and has not been tampered with, so the proof is more complicated.

2. The identification of electronic contracts belongs to the identification of data messages.

The identification of data message is mainly the identification of the generation, transmission and storage system of electronic signature data and data message. Examining the authenticity of data messages mainly includes:

(a) Reliability of the method of generating, storing or transmitting data messages;

(2) the reliability of the method to maintain the integrity of the content;

(3) the reliability of the method used to identify the sender;

(4) Other relevant factors.

If it is an electronic contract without a reliable electronic signature, it is very troublesome to authenticate it. It is necessary to carry out a series of authentication on the generation, transmission and storage system of electronic contracts to ensure the effectiveness of electronic contracts.

If you sign an electronic contract, it is suggested to find a specialized electronic contract service provider, such as cranko Tech, to provide electronic contract services, including online contract signing, safe storage, electronic evidence solidification and even proof service. Cranko Technology Electronic Signing Solution adopts electronic signature technology to ensure the security and effectiveness of contract signing, transmission and storage. This special electronic contracting platform adopts electronic signature and encryption technology. Once signed, it cannot be changed. After signing, it is stored in a secure cloud storage system, which solidifies the evidence and facilitates the provision of evidence in case of disputes. Moreover, because it is a third-party service provider, the evidence provided by it has strong probative power and is easy for judges to adopt.

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Question 7: Does an electronic contract have legal effect? According to the provisions of the Electronic Signature Law, the parties may stipulate the use of electronic signatures and data messages in contracts or other documents and vouchers in civil activities; A reliable electronic signature has the same legal effect as a handwritten signature or seal. Clearly affirm that qualified electronic signatures have the same effect as handwritten signatures or seals. For example, Huicai.com provides both borrowers and borrowers with electronic contracts with verifiable electronic seals, which have the same legal effect as paper contracts.

Question 8: Is the electronic contract valid? Is it protected by law? Thank you. The first paragraph of Article 10 of the new Contract Law stipulates that the parties may conclude a contract in written form, oral form and other forms. Article 11 stipulates that written forms refer to contracts, letters and data messages (including telegrams, telexes, faxes, electronic data interchange and e-mails) and other forms that can tangibly express the content. Thus, the electronic contract must belong to the adjustment scope of the new contract law. In e-commerce activities, both parties to the transaction implement paperless trade. Online negotiation is conducted through e-commerce system, the consultation results are documented, and trade contracts are signed in the form of electronic documents. After clarifying the rights and obligations of all parties, such as the type, quantity, price, delivery place, delivery date, transaction mode, settlement mode, transportation mode, liability for breach of contract, service and claim, the two parties sign a contract by EDI or digital signature to form an electronic contract and deliver orders, bills of lading and insurance policies. These electronic documents are recorded and stored in magnetic media in the form of electronic data exchange and e-mail, and stored in computer storage devices. This is a common practice in e-commerce markets at home and abroad. China's new contract law paid full attention to this point when it was formulated, so it specifically stipulated that written contracts include electronic data exchange and e-mail, which gave electronic contracts legal status in the form of national legislation, which is beyond doubt.

Question 9: Is the electronic contract valid? Hello. It is valid to sign a contract by e-mail. But you still need to print out the contract and sign it before sending it to the other party, otherwise the contract will not be established.

Question 10: Does the electronic version of the contract have legal effect? The most effective way now is whether you have records of communication between the two parties. The most important record is the electronic record sent by the other party. If the electronic version sent by the other party is sent by email, the email should have a record of the email and an attachment record, which can prove that you should consider this from the aspects of offer and commitment. If there is a record, the contract will be established, and if there is no record, the contract will not be established. However, the establishment of the contract does not mean that the contract is valid, because obviously, the other party is a private act, not a legal person.

For insurance products, it has certain limitations and security risks to buy insurance products through the network relying on the virtual network marketing platform. Therefore, people in the industry also suggest that when consumers buy insurance online, they should not only shop around, but also polish their eyes and buy carefully. "Now, in addition to official website, an insurance company, there are many online stores selling insurance online. Online shopping insurance is not necessarily real insurance. Once consumers buy fake insurance policies because of greed, they will lose more than they gain. Therefore, I would like to remind you that it is best not to place orders through agents, intermediaries and other channels, but to buy them from various insurance companies in official website as far as possible. I am not a professional insurer. The above is for your reference, hoping to help you.