With the development of network technology and the rapid rise of e-commerce, when we are not aware of it, electronic contracts have occupied all aspects of our daily life, especially when we register daily and purchase goods, electronic contracts have been signed inadvertently, and in the process of renting a house, purchasing goods or services offline, signing labor contracts, and carrying out **, electronic contracts have gradually begun to be signed. So what kind of electronic contract is real and valid?
Compared with paper contracts, the specific signing process of electronic contracts is not well understood by the public, and it is often difficult to judge the legal effect of electronic contracts. Compared with the signing method of sending electronic texts through WeChat, email, etc., and then confirming them, a large number of electronic contracts are signed by calling the electronic signatures of the parties.
According to Article 14 of the Electronic Signature Law of the People's Republic of China, a reliable electronic signature has the same legal effect as a handwritten signature or seal. The authenticity and reliability of electronic signatures is the core requirement for the establishment of electronic contracts, so what kind of electronic signatures are reliable?
According to Article 13 of the Electronic Signature Law of the People's Republic of China, an electronic signature is deemed to be a reliable electronic signature if it meets the following conditions at the same time:
1.When the electronic signature creation data is used for electronic signatures, it is the exclusive property of the electronic signer;
2.Electronic signature creation data at the time of signature is controlled only by the electronic signer:
3.Any alteration to the electronic signature after signing can be detected;
4.Any changes to the content and form of the data message after signing can be detected.
It is difficult for the general public to accurately judge whether the electronic signature contained in an electronic contract is true and valid, but in fact, the determination of the above four points can be authenticated by an approved institution engaged in electronic certification services.
When we sign an electronic contract, we should first have an "electronic signature creation data", and when signing the contract, we should call the "electronic signature creation data" to sign it. "Electronic signature creation data" is often referred to as a digital certificate, and a reliable digital certificate should be issued by a nationally approved electronic certification service body.
Generally speaking, when we register an app or ** account, the app or ** may be connected to the system of an electronic certification service agency, due to the requirements of the network real-name system, once we carry out real-name authentication, we will automatically apply for a digital certificate issued by the electronic certification service agency, and then we sign a contract on the platform, then the digital certificate will be called to sign to prove the true identity of the signatory, and the digital certificate can only be one person and one card, and cannot be replayed. Therefore, it complies with the provisions of Article 13, Paragraph 1 of the Electronic Signature Law.
When we already have a proprietary digital certificate, we cannot directly determine whether the electronic signature on an electronic contract is signed by the person, and we cannot rule out the situation that the account has been stolen by others. The electronic authentication service agency can also verify the willingness of the signature process, that is, we usually enter the mobile phone verification code or face recognition when signing to ensure that the electronic signature is operated by the signer himself. This complies with Article 13, Paragraph 2 of the Electronic Signature Law.
After the contract is signed, the process of electronic signature and the generated electronic contract text will be kept by the electronic certification service agency, and according to Article 24 of the Electronic Signature Law, the electronic certification service provider shall properly keep the information related to the certification, and the information retention period shall be at least five years after the expiration of the electronic signature certification certificate. During this period, the signer can apply to the electronic certification service body for a certification report to confirm the authenticity of the electronic signature and the integrity of the data text. Therefore, it complies with the provisions of Article 13, Paragraph of the Electronic Signature Law.
To sum up, when we sign an electronic contract, we should choose a formal platform that cooperates with an approved electronic certification service provider, and pay attention to whether the verification code or face recognition is received when the contract is signed.