Digital contracts through online contracts from a legal point of view
Countless contracts are now being concluded online with a click. As long as the contracting parties agree on what to do, this will not cause problems. However, as soon as one of the contracting parties denies the conclusion of a contract, it becomes difficult. Because now it has to be proven that the contract was concluded via an online contract.
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Special features of insurance contracts and loan contracts
- For insurance contracts, the insurance policy must be provided in text form (Section 126 B, BGB). That means that at least an ordinary, no signed letter by email attached as a document must be available, which can be printed out. A purely online contract conclusion is invalid without these documents.
- A consumer loan agreement requires even stricter requirements. According to Paragraph 492 Paragraph 1 BGB, the written form to be observed. So the document is in any case to be provided with a personal signature. However, there are electronic detours in the form of online contracts, which regularly cause disputes in court.
Which media lead to insecure contracts.
- Also a contract transmitted by fax is not legally secure. The BGH has decided that this is what is mentioned in § 766 sentence 1 BGB Written form requirement has not been observed.
- Also Consumer credit agreementsthat spot on a tablet with a digital signature are signed, at least do not exist before the OLG Munich. Because “at no time was there a physically present document”, which, however, is regarded as essential.
- Just one forgery-proof, digital signature can serve as a substitute for a handwritten signature in accordance with Section 126 A BGB. For this purpose, the electronic document to be signed must be stored permanently on a data carrier and also be provided with a suitable digital signature. The requirements for this are in the so-called eIDAS regulation regulated throughout Europe. After that, you no longer need a card reader with a signature card, but the effort is still considerable. Even if you come across a new one Identity card with activated eID Function and the AusweisApp2 the federal government uses.
As long as there are no more suitable procedures for online contracts, you should use the following checklist in order to be able to prove a contract in court.
Checklist for safe Online contracts
- Document all details and agreements by saving screenshots with the date and time.
- If necessary, make additional notes about the online contract.
- Be sure to get a witness for important online contracts. This should also document and confirm what has been agreed.
- A computer fax with a transmission report is helpful and serves as an indication, but does not have the same evidential value as an originally signed document.
- A scanned PDF, which is provided with a signature and saved in a protected manner, is accepted, at least as an indication, for a contract.
In summary, it can be said that if you want 100 percent security, nothing can get past a contract signed on paper by all contractual partners. Online contracts are therefore always fraught with uncertainty.
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