An effective electronic contract needs to meet two conditions at the same time: one is to use the electronic contract conclusion system of a third-party electronic contract service provider; Second, use reliable electronic signature technology.
E-mail belongs to the category of data message stipulated in contract law. The two parties reached an agreement on the contents of the transaction by e-mail, which is also a contract recognized by the contract law. The key is to determine who the e-mail user is.
Generally speaking, the mailboxes of enterprises that need to pay must be registered and paid, and it is relatively easy to prove the identity of their users. However, the free e-mail that people usually use is difficult to prove if the parties deny it. At this point, the signing of the contract is invalid.
Therefore, when signing a contract by email, try to express the written confirmation of the email address. If you can't confirm in writing, try to let the other party disclose their information in the email. For example, upload business license, ID card, name, telephone number, address, etc. , and keep the evidence, so that these materials can be used as evidence in the event of a dispute between the two parties.
Legal basis: Article 469 of the Civil Code. The parties may conclude a contract in writing, orally or in other forms.
Written form refers to contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the contents contained.
A data message that can tangibly express its content through electronic data interchange, e-mail, etc. , and can be retrieved at any time, are considered in writing.
Article 502 of the Civil Code, a contract established according to law shall come into effect upon its establishment, unless otherwise provided by law or agreed by the parties.
In accordance with the provisions of laws and administrative regulations, if the contract should go through the approval procedures, such provisions shall prevail. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations.
The modification, assignment and dissolution of a contract shall be subject to the provisions of laws and administrative regulations, and the provisions of the preceding paragraph shall apply and shall be subject to approval.