The difference between electronic contract and traditional contract

An electronic contract is an agreement reached by two or more parties in electronic form through the Internet to establish, change and terminate certain civil rights and obligations. As long as the parties to the contract pass the real-name authentication and have reliable electronic signatures recognized according to the Electronic Signature Law, this electronic contract has the same legal effect as the handwritten signature of a paper contract. Characteristics of electronic contract: convenience, security and compliance. The differences between electronic contracts and traditional contracts are as follows: 1. Subject identification methods are different. Paper contract is a "face-to-face" contract with clear subject and easy identification, while electronic contract is a "back-to-back" contract, and the authenticity of the subject needs to be guaranteed by technical means; 2. The signature method is different. A paper contract is signed and sealed, and an electronic contract is electronically signed. 3. Due to the different storage methods, the management of paper contracts is complicated, and it needs to be archived and stored, which takes up a lot of space and is inconvenient to retrieve and query. The storage and management of electronic contracts are convenient and fast, occupying no space, saving time and efficiency. An electronic contract with a reliable electronic signature has the same legal effect as a paper contract. And it can be used as strong electronic evidence in court.

legal ground

Article 13 of the Electronic Signature Law of People's Republic of China (PRC) shall be regarded as a reliable electronic signature if the electronic signature meets the following conditions at the same time: (1) When the electronic signature is used for electronic signature, it belongs exclusively to the electronic signatory; (2) When signing, the electronic signature production data is only controlled by the electronic signer; (3) Any changes to the electronic signature after signature can be found; (4) Any changes to the content and form of the data message after signature can be found. The parties can also choose to use electronic signatures that meet their agreed reliable conditions. Article 14 of the Electronic Signature Law of People's Republic of China (PRC), a reliable electronic signature has the same legal effect as a handwritten signature or seal.