Traditional Culture Encyclopedia - Traditional virtues - What is the form of data message stipulated in China's new contract law?
What is the form of data message stipulated in China's new contract law?
Article 11 of the Contract Law stipulates: "Written form refers to contracts, letters and data messages (including telegrams, telexes, faxes, electronic data interchange and e-mails) and other forms that can tangibly express the content."
In real life, telegrams, telexes, faxes, e-mails, telephone recordings, videos, mobile phone short messages, instant messaging information (such as QQ information) and other information that conforms to certain legal forms can all be regarded as data messages in the electronic signature law.
Extended data
People's Republic of China (PRC) electronic signature method
Article 8
When examining the authenticity of data messages as evidence, the following factors should be considered:
(a) Reliability of the method of generating, storing or transmitting data messages;
(2) the reliability of the method to maintain the integrity of the content;
(3) the reliability of the method used to identify the sender;
(4) Other relevant factors.
Article 9
In any of the following circumstances, a data message shall be deemed to have been sent by the sender:
(a) authorized by the sender;
(2) the sender information system automatically sends;
(3) The results of checking the data message by the receiver in accordance with the method approved by the sender are consistent.
Where the parties have otherwise agreed on the matters specified in the preceding paragraph, such agreement shall prevail.
Article 10
If it is necessary to confirm the receipt of data messages as stipulated by laws, administrative regulations or agreed by the parties, the receipt shall be confirmed. When the sender receives the receipt confirmation from the receiver, the data message is deemed to have been received.
Baidu Encyclopedia _ People's Republic of China (PRC) Electronic Signature Method
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