During the process of contract signing and performance, many contracts are poorly preserved—only faxed or scanned copies are retained. This practice poses significant legal risks. Throughout contract management, the importance of preserving the original contract documents has always been emphasized, as there is a world of difference in legal effect and evidentiary force between the original document, the faxed copy, and the scanned copy. This article provides a brief overview of the legal effects and distinctions among the original contract document, the faxed copy, and the scanned copy; it is intended for reference purposes only.

         The legal validity of the original contract

The original contract refers to the contract document that has been signed or sealed by both parties after mutual agreement. Among the various forms of “written form” stipulated in contract law, the original contract holds the greatest legal evidentiary force. In the field of evidence law, the original contract can be recognized as direct evidence and primary evidence—evidence that directly originates from the facts at issue and can independently and directly prove those facts. Courts generally accept such evidence without further inquiry.

         Legal validity of faxed documents



A faxed document also constitutes a form of written contract. However, compared to the original document, the nature of a faxed document differs, which in turn affects its legal validity: A faxed document that is mutually transmitted between the parties and directly amended or confirmed by them regarding its contents can be regarded as an original document. Yet, a faxed document solely intended for transmitting text or images is, in nature, akin to a photocopy and thus qualifies as evidence whose validity remains uncertain; it cannot, by itself, serve as sufficient evidence for establishing the facts of a case.

Second, the probative value of a faxed document should be assessed based on the objective circumstances. Sometimes, even if a faxed document is inherently considered an original, it still cannot alone serve as evidence to establish the facts of a case. For example, in the course of mutual offers and promises between the parties, a faxed document used during this process cannot serve as evidence to establish the existence of a contractual relationship as long as one party’s promise has not yet been finalized. Alternatively, if, after a faxed document that can prove the establishment of a contractual relationship has been exchanged, the parties subsequently sign a formal contract text regarding the agreed-upon matters, then that faxed document likewise cannot be used as evidence to determine the content of the contract.

Finally, before recognizing the evidentiary value of a fax, it is essential to first verify its authenticity. The content of a fax can be altered through means such as photocopying; therefore, although a fax has full evidentiary force when presented as the original document, it generally still requires corroboration by other evidence to establish its authenticity.

To ascertain the evidentiary value of a faxed document, the primary approach is to solicit the opposing party’s views on the authenticity of the fax. If the opposing party does not acknowledge its validity, further inquiries should be made to determine whether the fax mark and fax number displayed on the document belong to that party. If the opposing party remains silent or evades the question, the evidentiary value of the faxed document may be confirmed in accordance with Article 8, Paragraph 2 of the “Regulations on Civil Litigation Evidence.”

Additionally, it is also possible to query the telecommunications authority’s records of faxes sent from a specific telephone number at a given time and compare them with the actual fax documents. Obtaining such evidence may require a legal request for access under the law, and attention should also be paid to the retention period of the telecommunications authority’s archival records.

         Legal validity of scanned documents



From an evidentiary standpoint, a scanned document is essentially an image—a copy in digital form that, technically speaking, can be altered. Therefore, a scanned document alone carries very little probative value unless the opposing party acknowledges its authenticity. In such cases, other relevant evidence must be provided to bolster the claim and establish a coherent chain of evidence. Only then can the scanned document serve as conclusive evidence and attain higher probative force.

A scanned copy is equivalent to a photocopy, and relying solely on such a scan to bring a lawsuit will make it very difficult for the court to grant your claim. While the original document could also be tampered with, any tampering can be detected through forensic examination. If the original document is verified as authentic, it can serve as evidence to establish the facts. However, even if a scanned copy is authenticated as genuine, it still cannot be directly admitted as evidence—this is precisely the key difference between the two.

         Precautions for Practical Operations

The document with the strongest evidentiary force is the original contract bearing the official seal! However, in practical operations, certain real-world difficulties may arise, making it impossible to obtain the original document. As a result, only fax copies or scanned copies can be obtained. Although both fax copies and scanned copies carry certain legal validity, whether it’s a scanned copy, a fax copy, or the original document, as long as it’s a contract, it must bear the official seal; otherwise, it simply won’t have sufficient evidentiary strength. If using a scanned copy, it’s best to use color scanning. For both fax copies and scanned copies, the original documents should be retained and, if necessary, subjected to comparison to ensure their genuine legal validity.

Meanwhile, to enhance the legal validity of faxed and scanned documents, you can add the following clause to the contract: “Both parties agree that faxed and scanned documents have the same legal effect.”

Additionally, during the signing and performance of the contract, both parties may utilize online platforms to transmit electronic documents such as the contract itself and signed confirmations of contract performance via email or QQ, and keep relevant records for future reference as evidence in case of any disputes.

         Comment

Through the explanations provided above, we hope that all readers now have a better understanding of the legal validity and differences among original contracts, faxed copies, and scanned copies. When it comes to contract management and storage, it is crucial to keep the original contract safely stored.

It is worth noting that the original electronic contract signed using legally compliant electronic signature software has the same legal validity as the original paper contract, and its evidentiary force is identical to that of the original paper contract.