Publication date: 12.07.2024
The procedure for executing electronic contracts
Electronic contracts are becoming increasingly common in the modern world due to the growing popularity of e-commerce and online services. Executing electronic contracts is a convenient and fast way to conclude agreements between the parties, but this process requires compliance with certain legal rules and regulations. In this article, we will consider the main aspects of the procedure for executing electronic contracts, the legal framework, requirements for electronic documents, electronic signatures and the procedure for concluding contracts.
Legal and regulatory framework
The process of executing electronic contracts in Ukraine is regulated by several key legal acts:
TheCivil Code of Ukraine:
- Establishes the general legal rules governing contractual relations, including contracts concluded in electronic form.
CommercialCode of Ukraine:
- Regulates the legal framework for business activities, including the conclusion of commercial contracts in electronic form.
TheLaw of Ukraine "On Electronic Commerce":
- Defines the legal framework for e-commerce in Ukraine, regulates the procedure for entering into electronic contracts, and sets requirements for electronic documents and electronic signatures.
Law of Ukraine "On Electronic Documents and Electronic Document Management":
- Regulates the legal framework for the creation, circulation and storage of electronic documents, including documents used to enter into electronic contracts.
TheLaw of Ukraine "On Electronic Digital Signature":
- Establishes the legal framework for the use of electronic digital signatures for signing electronic documents and entering into electronic contracts.
Law of Ukraine "On Protection of Consumer Rights":
- Defines the legal framework for the protection of consumer rights, including those of users of electronic commercial services, and establishes the rights of consumers and the obligations of service providers.
Basic requirements for electronic documents
Electronic documents used to enter into electronic contracts must meet a number of requirements set out in the law:
Form of the electronic document:
- An electronic document must have a form that allows its reproduction in the form of electronic data suitable for human perception and storage on an electronic medium.
Authenticity of the document:
- An electronic document must be authentic, i.e., it must correspond to the original document and not have any signs of forgery or alteration.
Integrity of the document:
- An electronic document must retain its integrity, i.e. be free from alterations or damage that could affect its content.
Electronic signature:
- An electronic document must be signed with an electronic signature that ensures the identification of the signatory and confirms his or her agreement to the terms of the document.
Types of electronic signatures
Several types of electronic signatures may be used to sign electronic contracts in Ukraine:
Simple electronic signature:
- A simple electronic signature is the simplest type of electronic signature that can be created using email, passwords or other methods. It provides a basic level of identification of the signer, but does not have a high level of security.
Advanced electronic signature:
- An advanced electronic signature is created using special cryptographic security tools and provides a higher level of security and authenticity for the document. It includes cryptographic keys that guarantee the integrity and immutability of the signed document.
Qualified electronic signature:
- A qualified electronic signature is the highest level of electronic signature created using a qualified electronic signature certificate. It provides the highest level of security and legal force equal to a handwritten signature on a paper document.
Procedure for entering into electronic contracts
The procedure for concluding electronic contracts includes several main stages:
Preparation of a draft agreement:
- The parties must prepare a draft electronic contract that includes all the necessary terms and conditions in accordance with the requirements of the law.
Exchange ofelectronic documents:
- The draft electronic contract may be sent to the other party by e-mail or other means of electronic communication. It is important to ensure the integrity and authenticity of the transmitted documents.
Signing the contract with an electronic signature:
- The parties must sign an electronic contract using an appropriate type of electronic signature. Signing can be done using special software or online services that support electronic signatures.
Exchange ofsigned documents:
- Once the parties have signed the electronic contract, the signed documents must be exchanged between the parties. This can be done by email or other means of electronic communication.
Storage of electronic documents:
- Signed electronic contracts should be stored in an appropriate format on electronic media or in electronic document management systems. It is important to ensure the integrity and availability of documents for further use.
Legal aspects of electronic contracts
Electronic contracts have the same legal effect as paper contracts, subject to compliance with the established requirements:
Recognition of electronic documents:
- Electronic documents signed with an electronic signature are recognised as legitimate and have the same legal effect as paper documents signed by hand.
Enforcement ofelectronic contracts:
- Electronic contracts are enforceable on a par with paper contracts. In case of failure to fulfil the terms of an electronic contract, the parties may apply to the court to protect their rights.
Protection ofpersonal data:
- In the process of concluding and executing electronic contracts, it is necessary to comply with the requirements of personal data protection legislation. The parties must ensure the confidentiality and protection of personal data processed under the contract. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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