And can be used as evidence. Electronic signatures and electronic contracts have the same legal effect as traditional paper signatures and contracts. But in the specific application, it needs to be analyzed and judged according to the relevant laws and regulations and the actual situation.
The elements of contract validity include:
1, the parties to a contract have the ability to conclude a contract;
2, the contract is the true meaning of the parties;
3. The contract does not violate the mandatory provisions of laws and regulations;
4. The content of the contract does not violate public order and good customs.
The three necessary conditions for the establishment of a contract are:
1. Both parties to the contract have corresponding civil capacity;
2. The intentions of both parties are true, and there is no fraud, coercion, taking advantage of others' danger, obviously unfair or major misunderstanding;
3, the content and form of the contract does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
To sum up, because digital information has the possibility of being cited in the future, it can be used as a written document, and its legal effect, validity and enforceability cannot be denied just because the information is digital. With the technical problems of electronic signature confirmation solved, it is necessary to give it legal recognition and confirm its effectiveness.
Legal basis:
Article 469 of the Civil Code of People's Republic of China (PRC)
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.
Article 502
A legally established contract shall come into force upon its establishment, except as otherwise provided by law or agreed by the parties.
In accordance with the provisions of laws and administrative regulations, if the contract should go through the approval procedures, such provisions shall prevail. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations.
The modification, assignment and dissolution of a contract shall be subject to the provisions of laws and administrative regulations, and the provisions of the preceding paragraph shall apply and shall be subject to approval.