After the Internet financial platform introduces third-party electronic contracts, the electronic contracts signed by everyone are valid.

Internet financial platforms are the product of the development of the Internet and private lending. When confirming an investment transaction, the platform will often sign an electronic contract with the user. Is an electronic contract that does not require face-to-face signing valid? If a breach of contract occurs, is the electronic contract signed between the parties valid and can it be accepted by the court as evidence? These are often problems that trouble investors. Today we will focus on several requirements for the validity of electronic contracts:

1. After checking the digital certificate signature in a document such as a PDF, whether the document Is it a valid electronic contract?

No. Currently, for many formats of documents, such as PDF, OFFICE advanced version, etc., although it is possible to check whether the document is accompanied by an electronic signature, the validity of the digital certificate and the authenticity of the signature behavior cannot be judged (it cannot be judged as stolen, reported lost, expired, etc. behavior) and signature time, etc. These are precisely the most important basis for judging the validity of electronic signatures, which can only be achieved through a third party.

Therefore, if you only view the electronic contract signed by the digital certificate, it may be deemed invalid in the event of a dispute.

2. Is digital certificate + electronic seal a valid electronic contract?

No. A true electronic contract is a legal definition that refers to an electronic data message that can replace a paper contract. According to our country's laws, only data messages concluded on a third-party platform using reliable electronic signature technology can be called electronic contracts, can replace paper contracts, and have the litigation effect of documentary evidence.

And "electronic contracts" concluded through other electronic means in the general sense, such as emails, chat records, faxes, PDFs, visual seals, and ordinary electronic signatures that cannot be judged as reliable electronic signatures. , all can only be summarized into the type of evidence of data messages, which cannot replace paper contracts and have the same effect as documentary evidence of paper contracts. The legal cost of obtaining evidence is very high and it is not practical.

3. What are the two basic conditions for a valid electronic contract?

A valid electronic contract needs to meet two basic conditions at the same time. 1. Using a third-party electronic contract service provider Electronic contract making system; 2. Use reliable electronic signature technology.

1) The Ministry of Commerce pointed out in the "Process Specifications for Online Formulation of Electronic Contracts": "Only by entering into an electronic contract in the electronic contract establishment system of a third party (electronic contract service provider) can the fairness of the process be guaranteed. and the validity of the results.”

A third-party electronic contract service provider is a third-party technical service company that provides identity authentication, contract signing, data transmission, storage and management for electronic contracts. The electronic contract making system refers to an information system that has functions such as identity authentication of the contracting party, electronic signature of the contract, contract storage and call, etc., to realize the online conclusion and processing of electronic contracts. The introduction of the concept of a third party into electronic contracting relationships fundamentally eliminates the phenomenon of large enterprises acting as both "athletes" and "referees" on their own trading platforms, ensuring the fairness and justice of the entire contracting process and contract results. It can effectively prevent distrust between both parties from causing future disapproval of electronic contracting data.

2) Article 14 of the "Electronic Signature Law of the People's Republic of China" stipulates: "A reliable electronic signature has the same legal effect as a handwritten signature or seal."

< p>The use of reliable electronic signatures when signing electronic contracts can be said to be the core part of the entire contracting process. The electronic signature here is not a watermark or seal, but a technical means using a digital certificate. The use of electronic signature technology can ensure the security and validity of contract signing, transmission, and storage. Due to the use of reliable electronic signature technology, when a contract dispute arises, such a valid electronic contract has legal effect and can be used as a legal instrument in court. Evidence. Therefore, the "Electronic Contract Online Process Specifications" promulgated by the Ministry of Commerce stipulates that electronic contracts must be signed using a third-party electronic contract conclusion system with reliable electronic signatures.