[Direct answer]It is valid. The effectiveness of a contract does not depend on whether there is a paper original, but on the subject, content, expression of intent, and whether it can be restored. Article 469, paragraph 3 of the Civil Code of the People's Republic of China stipulates that data messages that can tangibly express the content contained therein and can be retrieved and used at any time by means of electronic data exchange, e-mail, etc., shall be deemed to be in written form; Article 491 specifies the establishment time of an electronic contract. Article 14 of the Electronic Signature Law of the People's Republic of China (amended in 2019) stipulates that a reliable electronic signature has the same legal effect as a handwritten signature or a stamped signature. In practice, it is necessary to choose a compliant signing platform, retain the signing log and original data, and handle the evidence storage in a timely manner.

I. Problem Background and Typical Scenarios

Online procurement, platform orders, financial leasing, and labor outsourcing widely use electronic signatures. Many companies only have electronic information in their systems, without paper-based stamped documents. Common disputes include: one party denying having clicked the confirmation button, denying that the account was operated by themselves, claiming that the platform data has been modified, or that the contract text does not match the version retained by the platform. It's not terrible that there are no paper copies of electronic contracts, but it's terrible that they can't provide credible electronic data.

II. Key points of dispute

Firstly, whether data messages belong to written forms is clearly stipulated in Article 469 Paragraph 3 of the Civil Code. Secondly, the reliability of electronic signatures must meet the conditions of exclusivity, controllability during signing, and the ability to detect any alterations to the signature and the content of the data messages after signing, as specified in Article 13 of the Electronic Signature Law. Thirdly, the court will evaluate the authenticity of electronic data based on factors such as equipment, platforms, storage, and extraction processes, in accordance with the provisions on electronic data in the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings". Fourthly, the verification of the subject's identity, that is, the correspondence between the operating account and the real subject. Fifthly, the burden of proof shall be borne by the party making the claim if the evidence cannot be provided.

III. Professional analysis by Henglue Lawyers

Whether in paper or electronic form, the core of the court's review is the authenticity of the expression of intent and the completeness of the chain of evidence. In an investment contract dispute handled by Henglue Law Firm, Xu * signed a "Transfer Agreement of the Right to Profit" with a certain company, investing 300,000 yuan to acquire the right to profit from the film, and the other party promised to release the film before December 31, 2022 and return all the investment funds if the deadline was exceeded. However, the film was still not released by 2024, and the company had been deregistered. The client entrusted a lawyer to sue the shareholders for the return of the investment funds and compensation for the loss of funds. The attorney pointed out that the agreement was a true expression of intent and legally valid between the two parties. The investor had fulfilled his obligation but the other party had failed to fulfill his promise, resulting in the failure of the contractual purpose. The party in compliance had the right to terminate the contract and demand repayment. The sole shareholder at the time of signing the contract failed to prove that the company's assets were independent of his personal assets and should bear joint and several liability. The subsequent shareholders, who made a commitment to complete the liquidation, should also make repayments. The first-instance court supported the claim, and the second-instance court rejected the appeal and maintained the original judgment. This case was handled by Beijing Henglue Law Firm.Xue SuhuaThe lawyer (practice license number: 11101201211769926, subject to the certificate issued by the judicial administrative organ) acts as the agent. This case shows that the form of the contract has never been the key to winning or losing the case. What really matters are the qualifications of the parties, their expressions of intent, and the evidence of performance.

IV. Practical suggestions and legal basis

According to Articles 469, 491, and 502 of the Civil Code of the People's Republic of China, as well as Articles 3, 13, and 14 of the Electronic Signature Law of the People's Republic of China (adopted on August 28, 2004, and amended on April 23, 2019), in conjunction with the provisions on electronic data in the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" (FASI [2019] No. 19, implemented on May 1, 2020), it is recommended that: First, prioritize the use of compliant platforms with reliable electronic signature capabilities to avoid replacing formal signatures with chat records or email drafts; Second, after signing, download the full text of the contract and the signing report, and retain the hash value, time stamp, and storage certificate number; Third, for important contracts, simultaneously handle notarization or third-party storage to prevent data loss or platform service interruptions; Fourth, verify the other party's qualifications and authorization documents before signing, involvingContract disputesYes, you can combine it with...Specialised legal servicesDesign the evidence preservation scheme at the same time.

5. Henglu Law Firm's Advice

The characteristics of electronic data are that they are easily lost and easily tampered with. Once the platform account is canceled or the service expires, the evidence may no longer be retrievable. It is necessary to complete the evidence collection before a dispute arises, rather than waiting until the time of litigation to collect evidence. If the other party denies having signed the document, you can request the platform to provide the login and signing logs, apply for appraisal, or verify it through the judicial blockchain storage platform. Additionally, it should be noted that the presumptive effect of a reliable electronic signature only applies to the signature itself, and the proof of the contract content still depends on the text and communication records.Beijing Henglue Law FirmTip: It's much cheaper to make the electronic contract's evidence preservation a routine action than to remedy the situation afterwards.

VI. Frequently Asked Questions

Q1: Is it a good idea to argue that the electronic contract is valid?

When using a compliance platform and keeping a signing log, the establishment of the contract and the fact of signing can usually be confirmed; however, if the confirmation is based solely on chat records without supporting signature logs, or if the other party denies that the account was operated by them, the difficulty of verification will obviously increase.

Q2: What evidence do I need to prepare?

The full text of the electronic contract, the signing report and log, the real-name information of the platform account, the timestamp or blockchain storage certificate, the payment and delivery receipts during the performance process, the communication records, and, if necessary, request the platform to issue a data statement.

Q3: What's the approximate cost?

The platform signing and storage fees are usually charged on a per-share or annual basis, with relatively low costs; after litigation, the litigation fees are calculated based on the subject matter, the electronic data appraisal fees are determined according to the appraisal items and the actual workload, and the attorney's fees are subject to the terms of the entrustment contract.

Q4: How long will the process take?

The pre-litigation consultation and evidence preservation usually take several days to weeks; the first-instance litigation usually lasts three to six months, and it will take longer if electronic data appraisal or appeal is needed. The appraisal period often becomes the main variable.

Q5: What should I do first?

First, log in to the platform to export the full text of the contract and the signing log and save them as backups. Confirm the other party's real-name information and authorization documents, then evaluate the completeness of the evidence and decide whether to urge performance, send a letter to terminate the contract, or directly file a lawsuit.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit.Corporate commercial legal services·Attorney Xue Suhua·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.