How can electronic contracts be legally beneficial? The legal benefits of an electronic contract cannot be achieved simply by adding an electronic signature to the document, it needs to meet more requirements.
First, the electronic contract must be signed by a reliable electronic signature. A reliable electronic signature is a digital signature that meets legal requirements (CA certification) and is unique, credible, and tamper-proof (digital signature, time stamp, valid evidence).
Second, the parties to the electronic contract must be a real legal entity or individual, and both parties must confirm the identity of the other party before signing.
In addition, the text content of the electronic contract must be complete, accurate and comply with the requirements of laws and regulations.
Finally, the process of signing an electronic contract must comply with legal regulations, such as the use of reliable electronic signatures, which must be stored and backed up after signing. Only when these requirements are met can an electronic contract be legally effective.
When choosing an electronic contract platform, the first thing a business should consider is the security and reliability of the platform. An excellent electronic contract platform must have a high degree of security and reliability to ensure the legal validity of the contract and data security. Enterprises should choose an electronic contract platform with high reliability, security and stability, and at the same time ensure that the platform can provide timely technical support and after-sales service to help enterprises successfully complete various contract signing.
1. Compliance
Article 469 of the Civil Code and the Ministry of Commerce's Specification for the Process of Entering into Electronic Contracts** stipulate that a legal and valid electronic contract refers to a data message formed by the contracting parties on the Internet through a third-party electronic contract conclusion system and using reliable electronic signature technology.
Article 5 of the Electronic Signature Law also clearly stipulates that "reliable electronic signatures have the same legal effect as handwritten signatures or seals" and that "if an electronic signature requires third-party authentication, an electronic certification service provider established in accordance with the law shall provide authentication services".
It can be seen that an electronic contract signed by a third-party electronic signature platform is a legal and valid electronic contract. However, not all electronic signatures provided by any organization are protected by law, and only reliable electronic signatures provided by CA institutions that are legally established and have obtained the Electronic Authentication Service Permit of the Ministry of Industry and Information Technology are protected by the Electronic Signature Law. Only an electronic contract signed with a reliable electronic signature can "have the same legal effect as a handwritten signature or seal" and have the legal force of documentary evidence in judicial proceedings.
2. Security
As the basis and important carrier for enterprise contract signing, the signing platform plays an important auxiliary role in helping enterprises complete the signing and storage of various contracts. Platform data security is also a top priority in all processes of electronic contracts. How to choose a platform that protects documents properly is the primary consideration of enterprise electronic contract cooperation.
3. Reliability
Electronic contract platforms are becoming increasingly popular in today's digital age, and their reliability is widely recognized. Using an electronic contract platform can save a lot of time and money, and it can greatly improve efficiency and convenience. When choosing an electronic contract platform, the service ecology of the platform itself, pre-sales and after-sales configuration. The flexibility of the use of electronic contracts and the stability of the platform system are the fundamental requirements for enterprises when choosing.