Can I also conclude a contract by email?
February 20, 2023 | 30,00 EUR | answered by Konrad Höfer
Dear Lawyer,
I am Fanni Krausmüller and I have a question regarding contract law. Recently, I have been negotiating with a company and we have come to an agreement on the contract terms. Now, I would like to finalize the contract, but I am unsure if I can do so via email.
My concern is that a contract via email may not be legally valid. I want to ensure that the contract I am entering into is valid and meets all legal criteria.
Can you please inform me if I am allowed to finalize a contract via email and if it is legally binding? Are there any specific requirements or formalities that I need to adhere to in order to ensure the validity of the contract?
I thank you in advance for your assistance and advice.
Sincerely,
Fanni Krausmüller
Dear Mrs. Krausmüller,
Thank you for your inquiry regarding contract law. It is understandable that you may feel unsure when it comes to concluding a contract via email. However, in today's digital world, it is quite common and accepted to enter into contracts electronically.
In general, a contract can also be concluded via email and is equally legally binding as a contract in written form. This is regulated in Germany in the so-called "Law on Electronic Commerce" (short: E-Commerce Law). According to § 126a BGB, a contract concluded in electronic commerce is generally legally valid as long as the parties agree and the technical requirements are met.
To make a contract via email legally binding, certain requirements must be met. Firstly, it must be clear that it is a declaration of intent and which contract terms are agreed upon. This is usually ensured by a clear wording in the email text.
Furthermore, it is important that the identities of the contracting parties are clearly identifiable. This can be done, for example, by providing names, addresses, and other contact information. Additionally, you should ensure that all essential contract components are clearly and unambiguously formulated to avoid misunderstandings.
It may also be advisable to include a so-called "written form clause" in the contract, explicitly stating that the contract can also be concluded via email and is legally binding. This provides additional security and clarity for both parties to the contract.
Overall, it is indeed possible to conclude a contract via email and be legally valid. It is important to comply with the mentioned requirements and formalities to ensure that the contract is valid and meets all legal criteria.
I hope that this information has been helpful to you. If you have any further questions or need legal assistance, I am at your disposal.
Yours sincerely,
Konrad Höfer
