In today's wave of digitalization, electronic contracts and electronic signatures have gradually replaced traditional paper contracts and handwritten signatures, and have become the new favorite in business activities. Despite this, many people still have questions about the legal validity of electronic signatures. The following is a detailed explanation of the legal effect of electronic contracts and electronic signatures.
First, let's clarify what is meant by a "valid written form". According to the Contract Law of the People's Republic of China, written form includes not only traditional paper documents, but also electronic forms such as electronic data interchange. The Electronic Signature Law further clarifies that a data message meets the legal requirement of written form as long as it can display the content tangibly and can be consulted at any time. This means that the legal validity of an electronic contract does not depend on whether its carrier is paper or electronic, but on whether it can meet these conditions.
Next, let's learn the role of electronic signatures in contracts. An electronic signature is more than just an electronic signature, its core lies in the cryptographic technology behind it. As a form of data and information storage, the security of electronic contracts relies on electronic signature technology to ensure the integrity of the contract content and the authenticity of the identity of the signatories. Electronic signatures ensure the true expression of the will to sign the contract, and solve the problems of identity verification and document repudiation.
However, not all electronic signatures have the force of law. The Electronic Signatures Act states that only "reliable electronic signatures" have the same legal effect as handwritten signatures or seals. Reliable electronic signatures need to meet certain criteria, including the proprietality of the signature data, control, and detectability of any changes.
When choosing an eSignature service provider, you should consider whether they have obtained an eCertification Services License. CA (Electronic Authentication Service Authority) is an authority that provides identity authentication services and digital certificates, and their services are strictly regulated by national authorities. Choosing the electronic signature services provided by these institutions can ensure the legal validity of electronic contracts.
The Civil Procedure Law of the People's Republic of China has included electronic data as a type of evidence. The closed-loop chain of evidence formed by the signing process of an electronic contract using reliable electronic signatures, including identity, timestamp, etc., is immutable, thus enhancing its effectiveness as evidence.
Finally, let's look at the impact of the Cryptography Law and the Cybersecurity Law on the legal validity of electronic contracts. The Cryptography Law provides superior legal support for the Electronic Signature Law and strengthens the legal status of electronic signatures. The Cybersecurity Law requires enterprises to strengthen the protection of user information and choose electronic contract service providers with high security levels to prevent information leakage.
To sum up, electronic contracts and electronic signatures are legally valid if certain conditions are met. With the improvement of relevant laws and regulations and the strengthening of technical support, electronic contracts will play an increasingly important role in business activities.
WoSign CA is a third-party electronic certification service organization (CA institution) established in accordance with the law, and has obtained the "Electronic Certification Service License" issued by the Ministry of Industry and Information Technology of the People's Republic of China, and the "Password License for Electronic Authentication Service" issued by the State Cryptography Administration, and has been approved as the qualification of e-government electronic certification service. WoSign CA provides a variety of product forms such as electronic signature API interface, electronic signature machine, digital certificate, etc., which can provide legal and compliant electronic signature technology intervention for various electronic contract business systems, seamlessly applied to existing business systems, and help customers realize their electronic signature needs. Visit the official website of WoSign CA to learn more about electronic signature technology.