Electronic Contracting

In an agreement, most people envision a contract signed by the parties. The conclusion of a contract is, however, form-free and can take place in any form. The only legal requirement is that the agreement has been concluded by offer and acceptance. An oral agreement and an electronically concluded contract are therefore also legally valid.

Electronic contracting is the electronic conclusion of contracts and it is also a form of digital business. If there are an offer and acceptance, these are legally valid. An electronically concluded agreement can be (digitally) signed by parties, but this is not necessary (although it is advisable). If the digital contract has been signed, it is a legal act. This is also referred to as an electronic contract.

The law does impose several requirements on an electronic (or digital) signature (Article 3: 15a paragraph 2 of the Dutch Civil Code). For example, the signature must be uniquely associated with the signatory and the signature must make it possible to identify the signatory.