Electronic Contracts: Key Provisions under the 2023 Electronic Transactions Law Effective from July 1, 2024, electronic contracts are contracts established in the form of data messages, with detailed regulations outlined in the 2023 Electronic Transactions Law. Specifically:

1. Provisions on Electronic Contracts (Article 34)

• Electronic contracts are concluded or executed through interactions between an automated information system and a person or between automated information systems.
• The legal validity of an electronic contract is not denied merely because there is no direct human intervention in specific actions performed by the automated system.

2. Conclusion of Electronic Contracts (Article 35)

• The conclusion of an electronic contract involves the use of data messages to perform part or all of the transaction.
• Proposals and acceptances for concluding an electronic contract are carried out via data messages unless otherwise agreed by the parties.

3. Principles for Concluding and Executing Electronic Contracts (Article 36)

• Parties have the right to agree on the use of data messages and electronic means for concluding and executing contracts.
• Parties may agree on technical requirements, security, and integrity related to the electronic contract.
• Electronic contracts must comply with the Electronic Transactions Law, contract law, and relevant regulations.

4. Sending and Receiving Data Messages (Article 37)

• The sending, receiving, and timing or location of data messages in the conclusion of electronic contracts are governed by Articles 15 to 18 of the Law.

5. Legal Value of Notifications (Article 38)

• Notifications in the form of data messages have the same legal value as written paper notifications during the conclusion and execution of electronic contracts.

6. Other Regulations

• Trust service providers must obtain licenses issued by the Ministry of Information and Communications, except for electronic contract certification services in commerce.
• Certification services for electronic contracts in commerce must comply with the business conditions set forth in the Electronic Commerce Law and trust service regulations (Article 29).

These provisions ensure a legal framework for the secure and effective use of electronic contracts in various transactions.