First of all, electronic contracts are legally binding.
Because according to Article 2 of the "Electronic Signature Law", an electronic signature refers to:
A data message contained in electronic form and attached to identify the signer and indicate the signature data whose content is recognized by the person.
And according to Article 3 of the "Electronic Signature Law":
In contracts or other documents, documents and other documents in civil activities, the parties may agree to use or not use electronic signatures and data Message. If the parties agree to use electronic signatures or data messages for documents, their legal validity shall not be denied simply because they are in the form of electronic signatures or data messages.
According to this, a reliable electronic signature has the same legal effect as a handwritten signature or seal.
However, not all electronic contracts are legally binding.
Whether an electronic contract has legal effect needs to be considered from the following aspects:
The difference between an electronic contract and a paper contract lies in whether it is signed with a traditional seal or handwritten signature or electronically signed. Whether a formal signature can produce legal effect mainly depends on whether it meets the requirements of the Electronic Signature Law and the Contract Law, that is, whether the electronic contract meets the statutory requirements for effectiveness.
On the one hand, electronic contracts are the same as paper contracts. If the requirements for the validity of the contract are stipulated, they must be executed as agreed. If there is no stipulation, they will generally take effect immediately. According to Article 55 of my country's "General Principles of Civil Law", the establishment of a civil legal act must meet the following requirements: 1. The actor has the corresponding behavioral capacity; 2. The expression of intention is true; 3. It does not violate the law or social justice. *Benefit.
On the other hand, according to Article 14 of the Electronic Signature Law, a reliable electronic signature has the same legal effect as a traditional signature and seal. According to Article 13 of the "Electronic Signature Law", an electronic signature that meets the following conditions at the same time is deemed to be a "reliable electronic signature":
(1) When the electronic signature production data is used for electronic signatures, it is an electronic signature. Proprietary to the signer;
(2) The electronic signature production data is only controlled by the electronic signer when signing;
(3) Any changes to the electronic signature after signing can be discovered;
(4) Any changes to the content and form of the data message after signing can be discovered.
That is, the true identity, true intention, signature has not been changed, and the original text has not been changed.