Hello! According to Article 11 of the Contract Law, written form refers to the form in which contracts, letters and data messages (including telegrams, telexes, faxes, electronic data interchange and e-mails) can tangibly express their contents.

Electronic contracts do exist, but they are generally issued by large companies and have strict legal procedures.

Does the 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.

Does the electronic contract have legal effect?

As long as the electronic contract conforms to the form and 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.

Does the electronic contract have legal effect?

A legal and effective 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 the electronic contract signing platform wosign/wosigndoc/index.

Does the electronic 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.

Do electronic and paper contracts have the same legal effect?

Strictly speaking, an electronic contract with reliable electronic signature is the same as a paper contract. According to Article 14 of People's Republic of China (PRC) Electronic Signature Law, a reliable electronic signature has the same legal effect as a handwritten signature or seal. Commercial documents and other data messages with reliable electronic signatures will have the same legal effect as paper commercial documents.

But if it is an unreliable electronic signature, the legal effect in the future will not be exactly the same.

Does the 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.

Does the electronic contract signed online have legal effect?

Hello, it generally has no legal effect. See the relevant provisions of People's Republic of China (PRC) Contract Law and Electronic Signature Law for details.

Does the "electronic official seal" in an electronic contract have legal effect?

Electronic official seal has no legal effect. It is only a visual graphic effect and has no legal effect, because they can be tampered with, forged or PS at any time. What really has the legal effect given by the electronic signature law is the hash value formed after the electronic signature of electronic documents.