E-mail of the transaction is contract recognized by law
E-mail falls within the scope of data messages under contract law, and the agreement reached by the parties on the e-mail of the transaction is also a contract recognized by contract law, and the key is to determine who the user of the e-mail is. When electronic signature creation data is used for electronic signatures, it is exclusive to the electronic signatory.
Generally speaking, the email address of the enterprise that needs to pay, and shall be registered, and it is relatively easy to prove the identity of its user, such as applying to the court for investigation and evidence collection. However, the free email address commonly used by people can be registered without real-name authentication, and if the party denies it, it is difficult to prove that the user of the email.
Therefore, when signing a contract by e-mail, try to confirm the user of the e-mail address in writing by courier. If it cannot be confirmed in writing, you should try to let the other party disclose its information in the email, so as to determine the content through a high degree of evidence rules, you can also collect the email address online to see if the other party in recruitment, advertising, etc. in their own name, if there is any, you can notarize and collect evidence, and before the lawsuit, you can also use valid text messages to let the other party send an email address and other methods to prove the user of the email. This makes the contract concluded by the parties by e-mail legally binding.
Relevant legal provisions: Article 2 of the Law of the People’s Republic of China on Electronic Signatures stipulates: “Electronic signatures as used in this Law refer to data contained in electronic form and attached to data messages that are used to identify the signatory and indicate that the signatory approves of its contents. “Data message” as used in this Law refers to information generated, sent, received or stored by electronic, optical, magnetic or similar means. ”