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Peculiarities of the requirements for the execution of electronic contracts
In today's world, electronic document management is becoming more and more common. This also applies to the conclusion of contracts. An electronic contract has the same legal force as a contract concluded in writing on paper, subject to compliance with the requirements for its execution.
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Requirements for an electronic contract
For an electronic contract to be considered valid, it must meet the following requirements:
- Parties to the contract:
- The parties can be individuals and legal entities. Individuals must have a personal electronic key, which is used to sign an electronic contract. Legal entities can use an electronic digital signature issued to them by an accredited certification center.
- Content of the contract:
- Such a contract must contain all the essential conditions defined for the corresponding type of contract by legislation. Essential terms, as a rule, include: the subject of the contract, the price of the contract, the order of calculations, the term of the contract, the rights and obligations of the parties, etc. The parties may agree to include in the contract other conditions that they consider necessary.
- Contract form:
- This contract may be concluded by exchanging electronic messages signed with an electronic digital signature (EDS) or other reliable means of an electronic signature. A reliable means of electronic signature can be, for example, a mobile application with a qualified electronic signature. The parties may use a single electronic document signed by both parties, or exchange electronic messages, each of which is signed by one of the parties.
- Evidence of the conclusion and content of an electronic contract can be:
- An electronic document signed by EDS or other reliable means of electronic signature;
- Electronic messages containing an offer to conclude a contract (offer) and its acceptance (acceptance);
- Other electronic data confirming the conclusion and content of the contract.
- Storage of the contract:
- It is recommended to store the electronic contract on an electronic medium that ensures its protection against unauthorized access, modification and destruction. The parties may agree to store the electronic contract in the electronic document management system of one of the parties or in a cloud storage.
Why should you contact a law firm to conclude an electronic contract?
The conclusion of an electronic contract may seem like a simple task, but it is associated with a number of legal nuances that not everyone knows about. Contacting the law firm "Prykhodko and Partners" can help you avoid the following risks:
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- Invalidity of the contract:
- If the electronic contract does not meet all the requirements of the law, it may be declared invalid. This can lead to loss of time, money and other negative consequences.
- Our lawyers will help you draw up an electronic contract correctly so that it meets all the requirements of the law.
- Fraud:
- There is a risk of fraud online, where criminals may try to enter into an electronic contract with you using fake addresses, websites or signatures.
- A legal company will help you to check the counterparty and make sure that you are entering into a contract with a valid and reliable company.
- Protection of your rights:
- The electronic contract may contain terms that violate your rights.
- Legal experts will help you understand all the terms of the contract and protect your interests.
- Settlement of Disputes:
- If a dispute arises over an electronic contract, you may need the help of a lawyer.
- A law firm will help you resolve the dispute in your favor.
Contacting a law firm has a number of advantages:
- You will not need to independently study the legislation and understand legal nuances.
- The legal company guarantees the quality of its services, which means that you can be sure that your electronic contract will be drawn up correctly.
- Legal experts will help you protect your rights and interests.
- You can be sure that your electronic contract will be valid and legally binding.
Don't risk it - contact "Prykhodko and partners" to correctly conclude an electronic contract.
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Lawyer, specializes in resolving international arbitration and court disputes, corporate, labor, medical, contract law, as well as supporting the economic activities of legal entities and individual entrepreneurs.
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