This contract shall be established when both parties sign or seal it. Traditionally, there is no formal written text for electronic contracts. At this time, the so-called signature and seal will have a new concept and way, that is, electronic signature.
The difference between electronic contract and paper contract
1 The contract was concluded in different environments.
The conclusion of a paper contract takes place in the real world, and both parties can negotiate face to face; However, the conclusion of electronic contracts takes place in virtual space, and the two parties to the transaction generally do not meet, and it is even impossible to determine the relative person of the transaction. Their identity depends only on the identification of passwords or the certification of certification bodies.
2. All aspects of contract conclusion have changed.
In the network environment, the sending and receiving time of offer and acceptance is more complicated than that of paper contract, and the conditions for the establishment and effectiveness of contract are also different.
The form of the contract has changed.
The information contained in an electronic contract is a data message, and there is no difference between the original and the copy, so it is impossible to sign and seal it in the traditional way.
Legal basis:
People's Republic of China (PRC) electronic signature method
Article 14
A reliable electronic signature has the same legal effect as a handwritten signature or seal. "Data messages such as business documents with reliable electronic signatures will have the same legal effect as paper business documents.
civil law
Article 469
The parties may conclude a contract in writing, orally or in other forms. Written form refers to contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the contents contained. A data message that can tangibly express its content through electronic data interchange, e-mail, etc. , and can be retrieved at any time, are considered in writing.