1. The contents of the agreement are legal and compliant.
The contents of electronic agreements must comply with the provisions of national laws and regulations, and shall not violate the prohibitive provisions of laws or infringe upon the legitimate rights and interests of others. For example, the agreement must not contain illegal clauses such as fraud, coercion and malicious collusion, otherwise the agreement will be invalid.
Second, the signing of the true will of both parties.
The signing of the electronic agreement must be based on the true wishes of both parties, and there is no fraud, misleading or coercion. Before signing the contract, both parties should fully understand the contents of the agreement and confirm the terms of the agreement through consultation.
Third, the signing process is in line with the regulations.
The signing process of electronic agreements needs to conform to the procedures and requirements stipulated by law. This usually includes using reliable electronic signature technology to ensure the authenticity of the signer's identity; The signature process should be clearly recorded for future verification; At the same time, the signed electronic agreement should be properly kept in case of emergency.
Fourth, evidence preservation and probative force.
As electronic data, the evidence preservation and probative power of electronic protocols are also important aspects of their effectiveness. The signatory shall ensure that the electronic agreement can be kept completely and accurately, and can provide valid proof when necessary.
To sum up:
The validity of an electronic agreement mainly depends on the legality of the content of the agreement, the true wishes of both parties, the compliance of the signing process and the preservation and probative force of evidence. Only when these aspects comply with the legal provisions and requirements can electronic agreements be considered effective.
Legal basis:
People's Republic of China (PRC) electronic signature method
Article 3 provides that:
In civil activities, the parties may agree to use or not use electronic signatures and data messages in contracts or other documents, vouchers and other documents. A document in the form of electronic signature or data message agreed by the parties shall not be denied its legal effect just because it is in the form of electronic signature or data message.
People's Republic of China (PRC) electronic signature method
Article 13 stipulates:
An electronic signature shall be regarded as reliable if it meets the following conditions:
(1) When the electronic signature production data is used for electronic signature, it belongs to the exclusive rights of 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.
Contract law of the people's Republic of China
Article 10 stipulates:
The parties may conclude a contract in writing, orally or in other forms. If laws and administrative regulations stipulate that it should be in writing, it should be in writing. If the parties agree to use written form, it shall be in written form.