Authenticity of signatory's identity and signature intention
The electronic seal and contract contents have not been tampered with.
Therefore, generally speaking, signing an electronic contract with an electronic seal through an electronic signature platform requires identity authentication, encryption and solidification, and applying for a CA digital certificate to ensure that the electronic contract seal has legal effect. Specifically, the following steps need to be completed:
Electronic contract signing process (source: electronic signing treasure)
First, the signing subject must complete the authentication before signing.
According to the provisions of the Electronic Signature Law, a reliable electronic signature should meet the requirement that "the electronic signature production data belongs exclusively to the electronic signer when used for electronic signature". Therefore, before signing an electronic contract or document with an electronic signature, the signer must complete the identity authentication to avoid fraudulent use and signature replacement.
Two, the electronic contract or document to be signed should be fully displayed to the signatory.
Users have the obligation to protect the signer's right to know when they ask the signer to sign an electronic contract or document through electronic process. Users need to ensure that all the contents of the electronic contract or document to be signed are completely displayed to the signer. If only the link is displayed, and the celebrity who asks for the signature does not click to read it (if it is checked by default), the signature may not have legal effect without other facts to prove the signature.
Example of electronic contract (source: e-sign treasure)
Three, the signature subject must complete the probate when signing.
A reliable electronic signature should meet the requirement that the electronic signature data is only controlled by the electronic signer when signing. Therefore, when signing an electronic contract or document, the signer must carry out willingness authentication, that is, ensure that the signer understands the contents of the electronic contract or document and agrees to sign.
Identity authentication link (source: e-sign treasure)
Four, we must ensure that the signer can view and retrieve the signed electronic contract or document at any time.
According to the provisions of relevant laws and regulations, providers of goods and services, employers, e-commerce operators, peer-to-peer lending platforms and other entities need to ensure the other party's right to know when signing contracts with the other party, and need to ensure that the other party can view and retrieve the signed electronic contracts or documents at any time.
Five, it is necessary to ensure that the signer specified in the electronic contract or document to be signed is consistent with the signer added during the signing process.
A digital certificate is a proof of the signer's identity. Please ensure that the electronic contract or document to be signed is sent to the correct signer for signing, that is, ensure that the digital certificate contained in the document belongs to the signer specified in the electronic contract or document to be signed. If an electronic contract or document is signed by an incorrect signer, it is an invalid signing behavior.
Through the above process, we can ensure the compliance and legality of the electronic seal and signing process, so that the signed contract has legal effect.