With the necessary technical support, if the electronic data of electronic signature legally meets the requirements of written signature and written document, it has the same legal effect as "signed document" and "signed original". According to Article 469 of the Civil Law, both 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.
The classification of electronic contracts are:
1. From the specific ways of concluding electronic contracts, it can be divided into contracts concluded by electronic data interchange and contracts concluded by e-mail;
2. From the attribute of the subject matter of electronic contract, it can be divided into network service contract, software authorization contract, contract requiring logistics and distribution, etc.
3. From the nature of the parties to an electronic contract, it can be divided into contracts concluded by electronic agents and contracts concluded by the parties themselves;
4. From the relationship between the parties to an electronic contract, it can be divided into B-C contracts, that is, contracts formed by enterprises and individuals in e-commerce activities; B-B contract, that is, a contract between enterprises engaged in e-commerce activities; B-G contract, that is, the contract formed between enterprises and the government in e-commerce activities.
To sum up, an electronic contract is a kind of contract, which takes effect only after being signed by both parties.
Legal basis:
Article 469 of the Civil Code of People's Republic of China (PRC)
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 143
A civil juristic act that meets the following conditions is valid:
(1) The actor has corresponding capacity for civil conduct;
(2) the meaning is true;
(three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.