Legal analysis of using electronic signature in electronic contract. Electronic signature is a form of electronic signature. Image processing technology is used to transform the electronic signature operation into the same visual effect as the stamping operation of paper documents, and electronic signature technology is used to ensure the authenticity and integrity of electronic information and the non-repudiation of signers. After being stamped, it can be sent back by fax or email.

Stamping method of electronic contract

Method 1: Stamp the contract with PS. The premise of this operation is to convert the contract from text form to picture form, then import it into Photoshop, and then put the seal in the right place.

Method 2: The sealed and signed contract is scanned into the computer by scanner for storage and information transmission. Operating steps: print the words that need to be stamped and signed in the electronic document contract-sign and seal manually-scan the contract into the computer again with a scanner.

Method 3: Save the contract as an electronic file by taking photos. Print out the parts of the contract that need to be signed and sealed, then sign and seal, take photos with your mobile phone or camera and upload them to your computer for storage.

Second, is it effective to sign an electronic contract?

A legal and effective electronic contract should have three elements:

(1) Electronic contracts must be signed through a third-party signing platform to ensure the fairness of the electronic contract signing process and the validity of the results.

(2) To sign an electronic contract, the digital certificate (reliable electronic signature) provided by a legal CA must be used to ensure the authenticity of the signer's identity, the integrity of the content and the legality of the digital signature.

(3) The basic condition of reliable electronic signature technology is that the certificate used to sign the electronic contract must be issued by a certificate issuing authority trusted by Adobe, so as to ensure that the document signed under PD can be displayed as "signature credible" in Adobe readers, and the validity of the contract is automatically verified by Adobe readers, which is universal.

Legal basis: Article 13 of the Electronic Signature Law of People's Republic of China (PRC) shall be regarded as a reliable electronic signature if the electronic signature meets the following conditions at the same time: (1) When the electronic signature production data is used for electronic signature, it belongs exclusively to the electronic signatory; (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. The parties can also choose to use electronic signatures that meet their agreed reliable conditions.

Article 14 of the Electronic Signature Law of People's Republic of China (PRC), a reliable electronic signature has the same legal effect as a handwritten signature or seal.

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