The electronic seal we understand is actually the combination of the appearance of the electronic seal and the electronic signature. Its real legal effect is determined by the effect of electronic signature, so the appearance of electronic seal/signature itself is only a form of expression, which does not determine the effect of electronic seal.

Article 14 of the Electronic Signature Law stipulates that a reliable electronic signature has the same legal effect as a handwritten signature. At the same time, article 13 stipulates that an electronic signature can only be regarded as reliable if it meets the following conditions:

(1) When electronic signature production data is used for electronic signature, it belongs exclusively to the electronic signer;

(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.

In combination with the relevant provisions of the Contract Law and the Electronic Signature Law, we believe that an effective electronic contract should meet the following conditions:

1, the original data message, can reliably keep the content intact and tamper-proof, and meet the original form and file preservation requirements stipulated by law;

2. Electronic signature, which can identify the signer and signature time, prevent tampering, and meet the requirements of effective electronic signature stipulated by law;

3. The identity has been effectively authenticated by a third party and meets the authentication requirements stipulated by law;

Making a seal requires a prescribed procedure. It is illegal to engrave the official seal privately, and the engraved seal has no legal effect.

Electronic contract is actually a new contract form, so in addition to abiding by the provisions of the contract law, the provisions of the electronic signature law should also be applied. However, due to the complicated process and high cost for ordinary individuals or business users to realize the above conditions, it violates the original intention of speeding up and reducing the cost of electronic signature, so the electronic use and management of seals can be realized by choosing a reliable third-party electronic seal service provider; The electronic seal can be realized quickly by integrating the electronic seal function with the enterprise internal management system or directly using the third-party cloud platform.