Electronic contract is valid

Electronic contract is a new form of contract, itself still belongs to the contract, for which also need legal effect, is the real intention of the parties, and the traditional contract has the same effect.

(1) electronic data as e-commerce parties to the true meaning of the expression, with the same legal effect as written documents, can not be discriminated against simply because it is not in the form of traditional written documents.

(2) the electronic signature of the electronic data, with the necessary technical safeguards, in line with the traditional law of written signatures and the requirements of the original writing, and "signed instruments" and "signed original" the same legal effect.

(3) in any legal proceedings, electronic data with other traditional forms of evidence of the same admissibility, not because it is the form of electronic data is not accepted or affect its evidential power.

(4) electronic data as the carrier of the electronic contract, not because of its use of the carrier form and affect its legal effect, validity and enforceability, as long as it is in line with some other provisions of the law, such as non-fraud, etc., it enjoys the same legal effect as the traditional written contract.

The establishment of the electronic contract only means that the parties have reached an agreement on the content of the contract, but the contract can produce legal effect, whether or not the legal protection of the need to see whether he meets the requirements of the law, i.e., whether or not the contract meets the legal requirements for entry into force. The establishment of the electronic contract is not equal to the electronic contract in force, the electronic contract in force, the contract has been established to meet the legal requirements of the effective elements.

Legal basis:

The Chinese People's **** and National Code

Article 465 Contracts established in accordance with the law shall be protected by law.

Contracts established in accordance with law shall be legally binding on the parties only, unless otherwise provided by law.

Article 469 The parties may conclude a contract in written form, oral form or other forms.

Written form is the form in which the contents contained therein can be expressed tangibly, such as a contract book, letter, telegram, telex, or facsimile.

Electronic data interchange, electronic mail and other ways to be able to tangible expression of the content contained in the data message, and can be readily accessed to check the use of the written form is considered to be.

Derivative question:

What are the main terms of an electronic contract?

The content of the contract is agreed by the parties, generally including the following terms:

1, the name or names and residence of the parties;

2, the subject matter;

3, the quantity and quality;

4, the price or remuneration;

5, the period of time, place and manner of fulfillment;

6, the responsibility for breach of contract;

7, the settlement of disputes.

7. Methods of dispute settlement.