Legal value of electronic messages
Do you often use e-mail to agree on contracts or technical assignments? Take orders through the site and transfer the results of work through the Internet? Do you trust the promises of the counterparty and scans of documents received by e-mail?
So, it's time to think about how to hedge against a client’s failure from their obligations.
To begin with, the e-mail correspondence itself does not have evidentiary value, if the second party to the dispute does not recognize its presence and content. However, there are legal ways to ensure the validity of electronic documents exchanged by the parties as part of electronic interaction.
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If there is a special agreement between the parties, the court accepts electronic correspondence as evidence if the sender used an electronic signature. In the same way, other actions performed using an electronic signature are considered to have legal value, as a result of which an electronic message (electronic document) is created within the framework of the system of information interaction (for example, when placing an order on the website).
In accordance with the Federal Law of 06.04.2011 N 63-FZ "On Electronic Signature", electronic signatures are divided into simple and reinforced. The enhanced signature differs from the simple one in that it makes it possible to detect the fact of making changes to an electronic document after its signing, thanks to the use of the latter means of cryptographic transformation of information.
However, the use of enhanced electronic signature is significantly hampered by the need to use cryptography tools, a common electronic interaction system, operated by a third party, and in some cases additional requirements for obtaining electronic certificates in certification centers.
At the same time, a simple electronic signature can confirm the fact of the formation of an electronic signature by a certain person through the use of codes, passwords or other means, including logins and passwords specified in the user account of an Internet resource or web application, as well as the usual electronic address ( email) of the sender. Thus, a simple electronic signature is used where it is necessary and sufficient to confirm that the electronic document signed to it is sent by a certain person.
In this case, the law establishes that electronic documents signed with a simple electronic signature are recognized as equivalent documents on paper, signed with a handwritten signature.
The ease of creating and using a simple electronic signature compensates for the lack of security of the information signed by it. As a result, a simple electronic signature is now widely used in various systems for remote processing of transactions, as well as for ensuring electronic document circulation as part of contract execution (for example, under a software development contract ).
Primarily, the use of a simple electronic signature is aimed at ensuring the legal significance of any electronic messages sent by e-mail or using the software of Internet sites and mobile applications in e-commerce.
At the same time, the introduction of a simple electronic signature does not require material costs. For this, as mentioned above, the parties only need to formalize an agreement on the use of electronic signatures, which (depending on the order of the transaction) can be included in the user agreement or offer on the website or a bilateral agreement in print form.
So, it's time to think about how to hedge against a client’s failure from their obligations.
To begin with, the e-mail correspondence itself does not have evidentiary value, if the second party to the dispute does not recognize its presence and content. However, there are legal ways to ensure the validity of electronic documents exchanged by the parties as part of electronic interaction.
')
If there is a special agreement between the parties, the court accepts electronic correspondence as evidence if the sender used an electronic signature. In the same way, other actions performed using an electronic signature are considered to have legal value, as a result of which an electronic message (electronic document) is created within the framework of the system of information interaction (for example, when placing an order on the website).
In accordance with the Federal Law of 06.04.2011 N 63-FZ "On Electronic Signature", electronic signatures are divided into simple and reinforced. The enhanced signature differs from the simple one in that it makes it possible to detect the fact of making changes to an electronic document after its signing, thanks to the use of the latter means of cryptographic transformation of information.
However, the use of enhanced electronic signature is significantly hampered by the need to use cryptography tools, a common electronic interaction system, operated by a third party, and in some cases additional requirements for obtaining electronic certificates in certification centers.
At the same time, a simple electronic signature can confirm the fact of the formation of an electronic signature by a certain person through the use of codes, passwords or other means, including logins and passwords specified in the user account of an Internet resource or web application, as well as the usual electronic address ( email) of the sender. Thus, a simple electronic signature is used where it is necessary and sufficient to confirm that the electronic document signed to it is sent by a certain person.
In this case, the law establishes that electronic documents signed with a simple electronic signature are recognized as equivalent documents on paper, signed with a handwritten signature.
The ease of creating and using a simple electronic signature compensates for the lack of security of the information signed by it. As a result, a simple electronic signature is now widely used in various systems for remote processing of transactions, as well as for ensuring electronic document circulation as part of contract execution (for example, under a software development contract ).
Primarily, the use of a simple electronic signature is aimed at ensuring the legal significance of any electronic messages sent by e-mail or using the software of Internet sites and mobile applications in e-commerce.
At the same time, the introduction of a simple electronic signature does not require material costs. For this, as mentioned above, the parties only need to formalize an agreement on the use of electronic signatures, which (depending on the order of the transaction) can be included in the user agreement or offer on the website or a bilateral agreement in print form.
Source: https://habr.com/ru/post/289966/
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