Legality and security issues of electronic contracts

With the rapid development of Internet technology, more and more transactions and cooperation have begun to shift towards digitalization, and electronic contracts have gradually become a common way of signing. In this case, the legality and security issues of electronic contracts have become a common topic of concern. This article will discuss in detail the legality and security issues of electronic contracts.

1. The legality of electronic contracts

Electronic contracts refer to contracts signed electronically, corresponding to traditional paper contracts. The signing of electronic contracts requires some special technical measures to ensure their authenticity and credibility. For example, signers can use technologies such as digital certificates or digital signatures to prove their identity and willingness to sign. At the same time, the storage and preservation of contracts also require technical means.

So, how to ensure the legality of electronic contracts? Here are a few relevant laws and regulations:

1. "Contract Law of the People's Republic of China": This law stipulates in Article 11: "Contract is the main source of civil legal relations, and the contract takes effect when it is established." This shows that electronic contracts have the same legal effect as paper contracts.

2. "Electronic Signature Law of the People's Republic of China": Article 22 of this law stipulates: "The use of electronic data as a way to express meaning complies with the provisions of this law, and its validity cannot be denied, because In disputes arising from data integrity issues, the burden of proof shall be borne by the person using the electronic signature." This means that the validity of an electronic contract using an electronic signature or digital certificate that complies with the provisions of the Electronic Signature Law is not questioned and is equivalent to that of a paper contract. contract.

3. "E-Commerce Law of the People's Republic of China": This law stipulates that electronic contracts should meet the same legal validity requirements as paper contracts, and makes detailed provisions on the signing, preservation, and evidence of electronic contracts. .

It can be seen that the current laws and regulations have clearly stipulated the legality of electronic contracts. Electronic contracts have the same legal effect as traditional paper contracts. At the same time, the use of electronic signatures and digital certificates has been further guaranteed, providing sufficient legal support for the signing and use of electronic contracts.

2. Security Issues of Electronic Contracts

Although the legality of electronic contracts has been clearly stipulated, its security issues are still the focus of attention. Unlike traditional paper contracts, the signing and storage of electronic contracts requires the use of digital technologies such as computers and the Internet. These technologies themselves have security issues. Here are a few security issues of electronic contracts:

1. Data tampering: The signing and storage of electronic contracts are often carried out through public networks such as the Internet, and there is a risk of tampering during the data transmission process.

2. Identity authentication: The signing of an electronic contract needs to ensure that the identity of the signer is authentic and trustworthy. However, hackers will forge digital certificates or digital signatures and defraud both parties. In this case, the contract will become invalid. contract.

Summary

In general, electronic contracts have become a common way of signing, and their legality is clearly guaranteed by laws and regulations. However, the security issues of electronic contracts are still the focus of people's attention. When signing an electronic contract, both parties need to choose a secure signature method and pay attention to the security of data transmission to ensure the security of their contract signing and storage. As long as special precautions are taken, electronic contracts are a very safe method of transaction.

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