The law has clear provisions on electronic contracts:
An electronic contract, also known as an e-commerce contract, can be defined as: an electronic contract is an agreement that two or more parties conclude, modify and terminate the civil rights and obligations of property electronically through an electronic information network according to the Model Law on Electronic Commerce of the United Nations Commission on International Trade Law and the electronic transaction laws promulgated by various countries in the world, combined with the relevant provisions of China's contract law.
Legal effect of electronic contract;
At present, Articles 13 and 14 of People's Republic of China (PRC) Electronic Signature Law recognize the legal effect of reliable electronic signatures;
Articles 10 and 1 1 of People's Republic of China (PRC) Contract Law recognize that data messages can be used as the legal carrier of written contracts;
Article 1 16 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC) recognizes the legal status of electronic data as legal evidence.
Articles 5 to 8 of the Electronic Signature Law stipulate that electronic contracts that lock the true identity of the contracting parties, effectively prevent document tampering and accurately record the signing time shall be legally recognized.
What kind of electronic contract has legal effect?
An electronic contract with legal effect needs to meet two conditions: one is to adopt a reliable electronic signature, and the other is to conclude it through a trusted third-party electronic contract system.
Therefore, it can be understood that the electronic contract signed by reliable electronic signature technology has legal effect through a trusted third-party electronic contract platform.
Let's go back to the "electronic contract" mentioned by the subject. First of all, the contract was not concluded through a third-party electronic contract platform, and no reliable electronic signature was adopted. Therefore, once the two sides have doubts or even disputes about the authenticity of the contract, it will be a big question mark whether the electronic contract can be accepted by the judge as evidence.
Recently, the State Council, the Public Relations Department, the Ministry of Finance and the Immigration Bureau have successively issued policies to clarify the legal effect of electronic signatures and require more applications of electronic signatures. There are also many electronic contract suppliers in China who are doing very well. It is better to hand over such important documents as contracts to professional platforms.