The electronic version of the contract requires the same written format as the general contract, with both parties, the date and validity of the contract, and their signatures. Formally speaking, the electronic version of the contract form certainly has legal effect, but whether the electronic version of the contract has legal effect needs specific analysis. For example, whether the formation of the electronic version of the contract complies with the law.
According to the electronic signature law, electronic contracts are legally binding. The newly revised Civil Procedure Law adds "electronic data" as a kind of evidence, which further affirms the legal effect of electronic contracts. However, not all electronic contracts have legal effect, and only electronic contracts that meet the legal requirements have legal effect. Different signing methods of electronic contracts have different complexity and probative power of proof. The Electronic Signature Law stipulates that "a reliable electronic signature has the same legal effect as a handwritten signature or seal". A reliable electronic signature needs to meet the conditions that the electronic signature data is exclusive to the signer, controlled by the signer and has not been tampered with since its generation, and the law requires the preservation of the electronic contract and its original form.
With the rapid development of e-commerce, many companies with high information level like Tmall are more and more inclined to use faster and more convenient electronic contracts to improve the efficiency of signing contracts and reduce costs. The signing form of electronic contract has changed from offline to online. However, due to the low threshold of electronic contracts, many enterprises tend to ignore the existence of electronic contracts, so not many people know about them, so here I will give you answers from the aspects of security, technology, legal effect and electronic contract services.
The parties may conclude a contract in the form of contract, letter and data message (including telegram, telex, fax, electronic data interchange and e-mail). Electronic contract is one of the written contract forms recognized by law. Liuhe Capital Platform signed an electronic contract by online click confirmation. Click to confirm that the electronic contract meets the requirements for the establishment and effectiveness of the contract stipulated in the Contract Law of People's Republic of China (PRC), and it is a legal and effective contract.