Traditional Culture Encyclopedia - Traditional stories - Compared with paper contracts, what is an electronic contract?
Compared with paper contracts, what is an electronic contract?
2. Control process comparison: The differences between electronic contract and paper contract in process control are as follows:
Simply put, an electronic contract is a contract based on data messages.
Because electronic contract still belongs to the category of contract in essence, the specific concept explanation of electronic contract needs to be combined with the explanation of "contract" in contract law, that is, electronic contract is an agreement between natural persons, legal persons and other organizations with equal subjects, using data messages as the carrier and using electronic communication means to establish, change and terminate civil rights and obligations.
It is worth noting that electronic contracts are based on data messages. In order to avoid the problem that data messages are easily tampered with and lost, the Electronic Signature Law clearly requires the criteria for judging the legal effect of electronic contracts. An effective electronic contract shall meet the following standards:
1, the original data message, can reliably keep the content intact and tamper-proof, and meet the original form and file preservation requirements stipulated by law;
2. Electronic signature, which can identify the signer and signature time, prevent tampering, and meet the requirements of effective electronic signature stipulated by law;
3. The identity has been effectively authenticated by a third party and meets the authentication requirements stipulated by law;
Combined with the analysis, if an electronic contract has four elements: generation (time stamp), storage (third-party storage), extraction (notarization) and identity authentication (electronic signature) to form a closed loop of electronic evidence chain, which proves that the signing identity of the electronic contract is valid and the content has not been tampered with, then the electronic contract will be more complete and effective.
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