How can an electronic contract take effect? Do I have to have an electronic signature?

A valid electronic contract must adopt an electronic signature.

Combining the electronic signature law with 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 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 identity has been effectively authenticated by a third party and meets the authentication requirements stipulated by law;

As one of the important standards to ensure the validity of electronic contracts, Article 2 of the Electronic Signature Law clearly stipulates the Electronic Signature Law: The electronic signature mentioned in this Law refers to the data contained in the data message in electronic form, accompanied by data used to identify the signer and show that the signer approves the content.

However, due to the complicated process and high cost for ordinary individuals or business users to realize the above conditions, it is contrary to the original intention of speeding up and reducing fees for electronic signatures. Therefore, ordinary users can sign effective electronic contracts only by choosing a reliable third-party electronic contract signing system. This is also in line with the provisions of the Ministry of Commerce in the Procedures for Online Concluding of Electronic Contracts: "Only when an electronic contract is concluded through the electronic contract conclusion system of a third party (electronic contract service provider) can the fairness of the process and the effectiveness of the results be guaranteed".