OmniDocWhat is the difference between electronic signature and electronic contract: Concept comparison
Electronic signature is a way of signing, and electronic contract is a document that carries the agreed content. This article uses a comparison table and usage scenarios to explain the difference between the two, and explains how to finalize, then sign, and then save in OmniDoc.
Key points of this article
- Electronic signature refers to the method of signing and identity confirmation action, and electronic contract refers to the document carrying the agreed content.
- The two can exist independently or are often used together: finalize the contract first, then electronically sign the final version.
- Judging the validity mainly depends on whether the signature is reliable and the content of the contract is complete, rather than what its name is.
- When there are multiple versions of the contract, use the comparison function to check the differences before signing to confirm which version you signed.
- After signing, save both the final version and the signed version, and keep the signature record for future verification.
Many people will hear "electronic signature" and "electronic contract" at the same time when signing a contract, and often think of them as the same thing. In fact, the former refers to the method of signing, while the latter refers to the document itself. Mixing the two together makes it easy to make mistakes when selecting tools, judging effectiveness, and saving materials.
This article is for anyone who needs to sign a contract, issue a contract, or just wants to clear up the terminology. After reading, you will be able to distinguish what the two are, know which one to use in your own situation, and how to connect the two in OmniDoc. The following will give a conclusion first, then explain the concepts respectively, and finally put a comparison table.
What is the difference between electronic signature and electronic contract? One sentence conclusion
In a word: electronic signature is "how to sign", and electronic contract is "what is signed". Electronic signature is a means of electronically confirming the identity of the signer and expressing consent; electronic contract is a contract text that exists in the form of electronic data. The two can appear alone or often together.
| your situation | Recommended practices | reason |
|---|---|---|
| A finalized PDF that only requires confirmation from the other party | Electronically sign documents and save signed versions | The content of the document remains unchanged, the focus is on the confirmation action of the signer |
| It needs to be signed by multiple parties, and the other party is not around | Initiate a signing request in OmniDoc and send the PDF to the other party for online signing | The signing process and documents are managed separately for easy follow-up |
| The contract has been revised many times | Save each version of the PDF, use the compare function to check the differences before signing | Which edition you are signing must be clearly stated. |
| Paper contracts need to be archived | After scanning, do OCR and mark whether signed or not when saving. | Scanned copies are difficult to retrieve and the signature status is easily confused. |
| Want to confirm the legal effect | Consult professionals to verify the identity of the contract subject and signatory | The validity depends on the content, subject and signature of the contract, and does not depend on the name. |
What is an electronic signature: how to sign
An electronic signature is data attached to electronic data to identify the signer and express his or her consent to the content. Common forms include signature images, digital certificate signatures, and verification code confirmations.
The Electronic Signature Law stipulates that a qualified and reliable electronic signature has the same legal effect as a handwritten signature or seal. The key word here is "reliable", and there are three main points to look at when making a judgment.
It focuses on "who signed it and whether it was changed after signing it"
Reliable electronic signatures usually need to be able to prove that the signature is uniquely associated with the signer, and that if the document content is altered after signing, it can be discovered. This is why a signature cannot be completed by simply pasting an image onto a document.
Common misunderstanding: A signature means the contract is valid
A signature only shows that someone has expressed consent. It does not ensure that the terms of the contract are legal, nor does it prove that the signer has the authority to sign on behalf of the company. Whether a contract is valid depends on whether the subject qualifications, expression of intention and content comply with legal provisions.
What is an electronic contract: the carrier of the agreed content?
An electronic contract is a contract concluded and saved in the form of electronic data. Its essence is still a contract, but the carrier has become electronic files such as PDF and Word. The Civil Code stipulates that if the content can be tangibly expressed in the form of a data message and can be retrieved and used at any time, it shall be deemed to be in writing.
It focuses on "whether the content is complete and whether the version is clear"
The most common problem with electronic contracts is the version. There may be several revised drafts of the same contract. The ones sent in emails, forwarded in groups, and scanned after being stamped by the other party, may not have the same content. When saving, it should be clear which version is the final version and which version is the signed version.
Common misunderstanding: Electronic contracts must be accompanied by electronic signatures
This isn't right either. The electronic contract can be printed first, then scanned and saved after handwriting signature. At this time, the signature itself is handwritten and the contract is an electronic document. Conversely, electronic signatures are not necessarily only used for contracts, but can also be used for documents such as receipts and confirmations.
📊 Core comparison
| Compare dimensions | electronic signature | electronic contract |
|---|---|---|
| nature | Signing method and confirmation action | A file carrying agreed content |
| The question answered | Who agreed? Is this the version you agree to? | What's the deal? What are the rights and obligations of all parties? |
| Typical form | Signature image, digital certificate signature, CAPTCHA confirmation | PDF, Word and other electronic data files |
| Can it exist alone? | Can be used to sign receipt, confirmation and other non-contract documents | You don't have to use an electronic signature, such as scanning after printing a signature |
| Pay attention to key points | Identification and signature will not be changed. | The terms are complete, the version is traceable and easy to retain |
# how to use it in practice: finalize it, sign it, and then keep it
The following steps, taking OmniDoc as an example, apply to most situations where "a contract has been agreed upon and a signature is required."
- Save the final contract as PDF. If you only have a paper contract, you can scan it as PDF first. When the text in the scanned piece cannot be selected directly, use the OCR function to process it and then save it.
two. After several rounds of contract changes, use the comparison function in the PDF editor to compare the new version with the previous version to make sure that the changes only occur in the agreed place.
- If you only need to confirm or fill in the form yourself, sign it in the PDF editor on the desktop client, fill out the form, and save it as a new file. The desktop client can be downloaded from download.omnidoc.top.
- If the other party needs to sign, initiate a signature request in OmniDoc and send the PDF to the other party for online signature.
- Receive the signed document, file it with the final version, and keep the signature record for future check.
It should be reminded that the tool is only responsible for signing, comparing and retaining, and it is still necessary to check whether the terms of the contract are accurate and appropriate to the current situation. The part relating to the amount, time limit and liability clause should be confirmed item by item in particular.
# which method is suitable for you?
-you only need to confirm a final document: the key point is to sign the action and the signed version, sign and save it directly. -multiple people or rounds of modifications are required: check the version with the comparison feature, confirm the final version, and then initiate a signature request. -long-term retention and possible collection of evidence in the future: in addition to signatures, versions, signature records and signatory identity information should be retained.
# frequently asked questions (FAQ)
1. Can we just sign the contract and not make the contract?
Sure. Documents such as receipt and confirmation can also be signed electronically. Whether it constitutes a contract depends on whether the content of the document has formed an agreement between the two parties.
2. Must I use an electronic signature for an electronic contract?
Not necessarily. Can be printed and then handwritten signature, and then scan and save. What is retained in this way is the scanned copy, and whether the signature is reliable or not needs to be judged separately.
3. Is the handwritten signature on the scanned piece an electronic signature?
It's usually just an image. Whether it is reliable or not depends on whether it can be proved that the signature really comes from the signer and whether the content has been altered after the signature. If you randomly paste the signature picture on the document, the probative power is usually weak.
4. What should I look at when choosing an online signature tool?
You can see whether the signature record is complete, whether the file size is limited, whether the exported file has a watermark, how the data is saved, and whether typesetting is retained after export. These are more than slogans to show whether the tool is suitable for your contract.
# Summary
Electronic signature is the way of signing, and electronic contract is the document itself. the two have different division of labor and are often used together. When judging, first ask yourself whether you want to solve "who confirms" or "what has been agreed on", then choose the corresponding approach, and keep the final version and signed version separately.
