A legally binding electronic contract is as follows:
Example of electronic contract (source: eSignature)
Reliable electronic signature, compared with traditional signature The seal has the same legal effect. According to the requirements for reliable electronic signatures in the Electronic Signature Law, only those that meet these four elements are deemed to be reliable electronic signatures that comply with legal provisions: (1) Whether the digital certificate is exclusive to the electronic signer; (2) ) Whether the contract was signed with the true intention of the electronic signer; (3) Whether any changes to the signed electronic signature can be discovered; (4) Whether the person and changes to the signed electronic document can be discovered. That is, the true identity, true intention, signature and original text have not been changed.
"Electronic Signature Law"
Therefore, signing a reliable electronic contract must not only ensure the validity of the electronic contract (the signed document has legal effect), but also ensure the signing process Information security in the process (the signed content will not be tampered with or leaked). This requires the issuance of digital certificates, trusted timestamps, tamper-proof cryptographic algorithms and other technologies to make it have the same legal effect as a paper contract.
Generally, users will choose a third-party electronic contract platform with qualification certification and service guarantee. Taking our platform as an example, the electronic contract signing process is as follows:
Electronic contract signing process (source: eShanbao)
1. Registered user, identity authentication
First, after completing the registration, the user needs to pass identity authentication, confirm the signing identity, and obtain an exclusive electronic signature and CA certification certificate to ensure that the electronic signature is legal and effective.
Personal identity authentication can be completed through facial recognition, operator three-factor, etc.; corporate identity authentication requires verification of the identity of the person in charge, verification of the company’s basic information, as well as payment to the public and a legal person authorization letter. etc. to complete the certification.
2. Apply for a seal
After completing the authentication, the user will obtain an exclusive electronic signature and electronic seal. Users can also set electronic seal information by locally uploading and customizing seal templates.
Example of electronic seal (source: eSignature)
3. Online signing
Users enter the signing page and initiate it directly through local files or through contract templates Initiate. Then, fill in the signature information in the preset filling area and signature area, and add your exclusive electronic signature. Through face authentication and other methods, complete the verification of the will and complete the signing of your electronic contract.
Initiate the signing process (source: eSign Bao)
4. Send the contract
The user sends the signed contract to the other party, and the contract documents will be accurate Send time and other information. The signer will receive a notification of a signing reminder and can sign directly on the WEB/APP/H5/mini program and other ports.
APP Signing (Source: eSignature)
5. Signing by the other party
After receiving the signing notification, the other party enters the signing page. After browsing the contract content, you only need to add an electronic signature or seal, pass identity authentication, and fully express your willingness to sign to complete the signing. During the other party's authentication process, the platform will also automatically issue a CA certificate to ensure that the electronic signature is tamper-proof and has legal effect. The contract initiator can check the contract progress in the background throughout the entire process, and perform operations such as reminders and renewals.
The other party’s signing process (source: eSign Bao)
6. Contract management
After the electronic contract is signed, both parties to the contract can search and View and download the signed contract. In addition, users can click on the electronic seal on the PC to view the digital certificate. If the contract has been modified, it will appear that the electronic signature is invalid.
View the contract in the background (source: eSign Bao)
7. Other links
Through our platform, electronic contract signing supports the entire process of uploading the contract to the chain. The entire signing process is saved in the judicial blockchain in real time, and the electronic evidence is directly connected to authoritative institutions such as Internet courts, notary offices, and judicial appraisal centers on the blockchain. When judicial disputes occur, electronic evidence can be directly verified and used by the court.
In addition, according to user needs, the platform can issue evidence reports, notarial certificates, judicial appraisal opinions, judicial blockchain certificates and other supporting documents, and provide batch online litigation, electronic contract legal consultation and other legal services. Serve.