1) Does an electronic contract have the same legal effect as a paper contract?
2) The selected third-party platform is not reliable.
Aiming at the first aspect: the legal effect of electronic contracts.
People's Republic of China (PRC) Contract Law recognizes that data messages can be used as the legal carrier of written contracts. The Electronic Signature Law clearly stipulates that an electronic contract signed with a valid electronic signature has the same legal effect as the seal or signature of a paper contract, and restricts the valid electronic signature. Need to meet the following points:
When the electronic signature production data is used for electronic signature, it belongs to the exclusive of the electronic signer;
When signing, the electronic signature production data is only controlled by the electronic signer;
Any changes to the electronic signature after signing can be found;
Any changes to the content and form of the data message after signing can be found. The parties can also choose to use electronic signatures that meet their agreed reliable conditions.
Reliable electronic signature needs to meet many conditions, which involves the second aspect we said: the choice of third-party platform is unreliable. Mainly includes the following aspects:
What is the technology of data security on the platform?
Can the platform provide life-cycle services from the initiation, review, signing and execution of electronic contracts to filing, borrowing and litigation?
Can the platform provide targeted solutions and be easy to operate?
Is the follow-up customer service and operation support service strong?
Does the platform or company have relevant qualifications? Are there any related industry benchmarking enterprise service cases?
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