Legal basis

• Law on Electronic Transactions 2005
• Decree 52/2013/ND-CP on e-commerce
• Decree 85/2021/ND-CP amending Decree 52/2013/ND-CP on e-commerce

Content

Contracts signed in the traditional method often have a clause specifying how many copies the contract is made (of equal value) and how many copies each party keeps. These are the originals of the contract, corresponding to how many copies of the contract are established, there are as many originals of the contract. The original is a representation of the integrity of the information contained in the document, ensuring that the information in the document is original and has not been changed. When a dispute occurs, the original contract is a high-value proof of the existence of the contractual relationship between the parties.

Be set up under the form of the data message, an electronic contract is created, sent, received and stored electronically. The data messages sent are actually just copies, and the originals are still kept in the computer that created or is storing that data message. Ensuring the integrity of this data message is not an easy task in an electronic environment that can be easily modified. If the data messages are modified, it is difficult to determine which is the original. There is even an opinion that asserts: “It is easy to see that on a computer network there is no original contract because some information is entered into your computer and it is assumed that the original document exists. In a non-physical form in the computer’s memory, all you print out is just copies. Thus, it is necessary to find other means to give these copies a certain legal value, rather than traditional measures such as the method of authenticating written documents.

In order to solve the problems related to the original of an electronic contract, it is necessary to first take a number of measures to ensure that the data message will not be changed, to ensure the integrity and integrity of the electronic contract. exactly. This is a complicated job, requiring a close combination of technical and technological issues and legal issues that the parties to the electronic contract cannot ignore if they want to have enough valid evidence. in a dispute.

Above is our consultancy about this issue. If you need more detailed advice and answers as well as how to access this service, please contact directly the Deputy Director of Sales: Lawyer Nguyen Duc Trong via hotline: 0912.35.65.75, 0912.35.53.53 or call the free legal consultation hotline 1900.6575 or send a service request via email: info@hongbanglawfirm.com hoặc lienheluathongbang@gmail.com

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