What legal requirements do electronic contracts need to meet?

What legal requirements do electronic contracts need to meet?

With the continuous advancement of technology and the popularization of the Internet, more and more business contracts are signed and executed electronically. As a result, electronic contracts have become increasingly important in commercial activities, but the corresponding legal system has not yet caught up. This article will start from a legal perspective and introduce the legal requirements that electronic contracts need to meet.

1. Basic elements of electronic contracts

Like traditional paper contracts, electronic contracts also need to contain elements of civil legal acts, that is, the parties involved in the contract are required to have full capacity for civil conduct. person, the content of the contract is clear, it complies with the provisions of laws and regulations, and the true intentions of both contracting parties are expressed.

2. The legality of electronic signatures

In electronic contracts, the signature issue is the key. The legality of electronic signatures is an important prerequisite for electronic contracts. In order to ensure the authenticity and integrity of the parties signing the contract, the state has formulated regulations related to electronic signatures and stipulated the standards and procedures for determining the legality of electronic signatures.

Among them, the "Electronic Signature Law of the People's Republic of China" stipulates: "The so-called electronic signature refers to electronic data used to identify the signer's identity in an electronic document and indicate that he or she approves the content of the document. "This means that the identification of electronic signatures depends on two aspects: one is the identity of the signer, which needs to be effectively identified with the help of digital certificates, digital signatures, etc.; the other is the authenticity of the signature, which needs to be Key management, data encryption and other technologies ensure the authenticity of signatures.

3. Burden of proof and storage issues

In the process of signing and performing an electronic contract, it is necessary to be able to prove the authenticity of the contract and the identity of the signing parties. On this basis, the burden of proof and storage issues are involved. The existence of an electronic contract needs to meet the principle of non-repudiation, that is, once the contract content is signed, its authenticity cannot be denied. However, how to mutually prove the authenticity of the contract and the identity of the contracting parties has become a big challenge. In addition, a good electronic contract storage system needs to be developed to ensure that once a contract is signed, customers should be able to obtain the original text of the electronic contract that meets the standards at any time.

4. Privacy and Confidentiality Issues

During the process of electronically signing a contract, personal information will inevitably be leaked, misappropriated and other threats. Therefore, in the formulation and execution of electronic contracts, it is necessary to clarify the collection and processing methods of customer information, and actively take necessary technical measures to ensure the privacy and confidentiality of personal information.

In short, in the formulation and execution of electronic contracts, requirements for elements of civil legal conduct, legality of electronic signatures, burden of proof and storage, and privacy and confidentiality must be followed. These requirements are all intended to maintain legal, fair and just business activities, promote the feasibility and credibility of electronically signed contracts, and further promote the prosperity and development of the economy and culture.