In just one year , Under the active promotion of government policies, electronic seal has become a government department , State owned enterprises and real estate , finance , food , educational services , Automobile manufacturing , lease , Signature tools used in various industries, such as healthcare .
In order to help more organizations understand the electronic seal at the first time , Master signing knowledge , Contract lock combined with common problems in daily customer service , Provide centralized answer service for organizations .
Common problems of electronic seal , There are answers here
1, Legal issues
Q: What are the legal policies of the state that clearly affirm the legal effect of electronic seal ? Can it be used in all industries ?
A: at present , Led by the State Council , Ministry of public security , Ministry of Justice , Ministry of industry and information technology , Ministry of transport , Ministry of housing and urban rural development , Finance department, etc 20 Many state organs have issued policies one after another , Promoting electronic seal .
—— These include
* 《 Electronic signature law 》 Draft amendments :“ It is allowed to handle land in the city , Use electronic documents for transfer registration of houses, etc .” Further expand the scope of electronic signature .
* 《 National deepening “ Tube clothing ” Reform and optimize the division of key tasks of business environment videoconference 》: Advocate speeding up “ Electronic seal ” Popularization and Application , So as to further promote the streamlining of administration and decentralization , Enhance the government's service capacity .
* 《 The Supreme People's court's amendment < Some provisions on evidence of folk custom litigation > My decision 》: supplement , The scope of electronic data has been improved , The review and judgment rules of electronic data are clarified .
* 《 Order of the Ministry of transport 2019 Year 17 Document No 》: Actively encourage road freight transport operators to adopt electronic contracts , Electronic waybill and other information technology , Improve the level of transportation management .
* 《 Interim Measures for the management of business activities of Internet lending information intermediaries 》: Make clear regulations on the use of electronic signatures of both parties .
2, safety problem
Q: After printing electronic documents , How to quickly confirm that this paper document is the same as the one signed before ?
A:
As long as the document is signed on the electronic seal platform , One will be added to the print “ QR code ”, Scanning can quickly access the original information of electronic documents , The two-dimensional code is generated automatically by the electronic seal platform in the process of document printing , Information cannot be tampered with .
3, Signature issues
Q: What signing methods does contract lock support at present , Can safety be guaranteed ?
A: At present, there are several ways to sign : Sweep your face and sign , Scan code and sign ,U-key, Applet signing ,H5 sign , It also supports dynamic token , Sign password , Fingerprint identification and other kinds of identity security verification .
Q: What if the electronic contract is wrongly signed ? Can it be withdrawn on the contract lock platform ?
A:
It just depends. , If the two sides have not completed the signing , It is in the stage of one party initiating , It can be withdrawn . If both parties have signed and sealed , The contract cannot be withdrawn , It can't be deleted either , And these historical documents will be kept in the electronic seal system . however , The two sides can discuss , After reaching a consensus, cancel the contract .
4, Document issues
Q: Can contract lock add watermark to electronic documents ?
A: tolerable , At present, the electronic seal platform has realized the function of adding watermark , And the watermark content supports customization .
Q: Is the invalid document contract lock distinguished by identification , Can the security of the original documents be guaranteed ?
A: At present, the electronic seal platform can add invalid documents for both customers “ Void watermark ” To help identify , At the same time, the two-dimensional code is added to the electronic document , Customers can directly scan the QR code to check whether the document is invalid .
5, On the issue of chapter selection
Q: It involves multi-party signing , Can a contract lock have multiple recipients , And set the order of signing ?
A:
Multi party signing can set multiple receivers and support the adjustment of signing order . At present, the seal setting program of electronic seal platform is very flexible , Customers can set the signing process according to their own business needs , Multi party signing scenarios such as logistics carrier can also be easily implemented .
6, Scene problem
Q: If one party uses electronic seal in signing , The other party uses the physical seal , Does such a contract have legal effect ?
A: It has legal effect , However, there are some problems such as the ease of use of scenarios and customer acceptance .
—— Detailed analysis
① Legal provisions :
《 contract law 》 Article 11 agreement ,“ contract ” And “ Data message ” It's all valid in writing . It was not agreed “ Offer and Acceptance ” It is necessary to adopt exactly the same method at the same time “ contract ” And “ Data message ”. Therefore, one party uses the electronic seal , The other party uses the physical seal , All contracts signed are legal and valid .
② This kind of scenario signature scheme :
>> Scene one : Organize electronic printing , Entity seal of the opposite party
Solution : Electronic printing + Anti counterfeiting printing
The document with electronic seal can be printed out by anti-counterfeiting , Send it to the customer with physical seal , The customer can cover and send it back . But the problem remains unsolved , Inefficient signing .
>> Scene 2 : The other party should seal the entity first , And then electronic printing
Solution : Scan and upload + Electronic printing + Anti counterfeiting printing
The paper contract sealed by the other party can be scanned into the electronic seal system , Then, it can be sent with electronic seal or printed with anti-counterfeiting color printer and sent to customers .
matters needing attention : Although the seal type is different , But it's all real , Legally binding signature , As long as both sides can accept it .
7, Application issues :
Q: Can foreign employees sign documents with contract lock ? How to carry out real name authentication ?
A: Foreign employees can register their accounts through email , It can be used after certification . Because foreign employees have no ID number. , Unable to pass the examination of personal real name authentication , Only passport , So take the artificial channel for real name authentication .
8, The issue of adducing evidence :
Q: How does contract lock ensure that electronic contract has complete and effective evidence chain ?
A: A complete evidence chain is to record the whole signing process from initiation to completion , And synchronized to the notary office , Make sure every step of signing is well documented , Effective concatenation information , Form a complete , Effective evidence chain .
Q: In case of legal dispute , What evidence can contract lock provide ?
A:
Electronic seal platform can provide one-stop electronic contract certificate storage , Sign , Arbitration and legal services , If there are disputes in the process of performance and further evidence and legal services are needed , Users can access and check the authenticity of the signed electronic contract anytime and anywhere through the electronic seal platform , One click certificate issuing is supported , Provide authority for judicial path , Valid legal evidence .
—— Evidence support
① Provide online signature verification
Users can verify the real identities of enterprise users and individual users online , View digital certificates of both parties , Quick verification of electronic contract .
② If there is still a dispute about the result of the verification , We can go further :
Issue digital signature Report : The electronic seal platform can cooperate with the users to provide the authority CA Institutions apply for digital signature verification report , Verifying the validity of electronic contract signature .
Provide certification services : Every electronic contract signed on the electronic seal platform can be stored in the authoritative notary office , When there is a dispute , Certificate can be issued with one key .
Provide forensic services : It can provide real and complete identification materials , And cooperate with the whole process of judicial expertise , In order to ensure the legitimacy of forensic documents , Safeguard the legitimate rights and interests of both parties .
Provide arbitration services : Electronic seal platform , The authoritative notary office and law firm will cooperate with the arbitration organization to submit relevant materials and evidence , Help the arbitral tribunal to clarify the facts , fair , The arbitration award shall be made promptly so as to protect the legitimate rights and interests of the parties .
Provide electronic data certificate keeping Report :
Not only to provide users with a comprehensive certificate , Judicial expertise , Arbitration services , It can also provide the electronic data deposit report of the contract lock approved by the court , Specifically including the user authentication process in the electronic seal platform , Signature element information and tamper proof documents are the real information in the signing process .
Summary :
Electronic seal system can be unified management for all kinds of organizations “ Electronic seal ” and “ Entity chapter ”, At present, the service customers have covered all kinds of domestic government agencies, enterprises and institutions .
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