An electronically signed contract has legal effect and can be concluded by means of electronic data exchange or e-mail. , as a written form. When the parties to the contract sign and seal, the contract is established and takes effect. A reliable electronic signature has the same legal effect as a handwritten signature or seal. In addition, even if one party uses electronic signature and the other party chooses to stamp the paper contract with the traditional official seal, such signature behavior is regarded as a complete signature of both parties. The use of electronic signature in electronic labor contract is equally effective, with the characteristics of identifiable identity and unchangeable content, which can enhance the risk prevention ability of enterprises.
Legal effect of electronic signature;
1. Recognition of electronic signatures: most countries and regions recognize that electronic signatures and handwritten signatures have the same legal effect;
2. Types of electronic signatures: usually including simple electronic signatures, advanced electronic signatures and qualified electronic signatures. Different types of electronic signatures are different in security and legal effect;
3. Requirements for electronic signatures: Effective electronic signatures need to meet specific technical standards and legal requirements, such as uniqueness, traceability and non-repudiation;
4. Scope of application: electronic signatures are applicable to most commercial contracts and legal documents, but some specific documents such as wills and real estate transfer documents may still need traditional signatures;
5. Evidence effect: In legal disputes, the evidence effect of electronic signature depends on the verifiability and integrity of the signature process.
To sum up, an electronically signed contract has legal effect, and it can be concluded through electronic data exchange, e-mail, etc. , which has the same legal effect as handwritten signature or seal. In addition, even if one party uses electronic signature and the other party chooses to stamp the traditional official seal on the paper contract, it is deemed that the signatures and seals of both parties are complete. Electronic labor contract is also effective, which can improve the risk prevention ability of enterprises.
Legal basis:
People's Republic of China (PRC) electronic signature method
essay
In civil activities, the parties may agree to use or not use electronic signatures and data messages in contracts or other documents, vouchers and other documents. A document in the form of electronic signature or data message agreed by the parties shall not be denied its legal effect just because it is in the form of electronic signature or data message. The provisions of the preceding paragraph shall not apply to the following documents:
(a) involving marriage, adoption, inheritance and other personal relationships;
(two) involving the cessation of water supply, heating, gas supply and other public utilities services;
(3) Other circumstances in which electronic documents are not applicable as stipulated by laws and administrative regulations.