In the era of electronic data, electronic signatures and electronic seals are used in many scenarios, such as banks, industrial and commercial bureaus, second-hand housing transactions, micro-court litigation platforms and so on. So, what is the legal effect of electronic signature and electronic seal? What are the precautions when using?

Validity problem:

As long as the electronic signature is secure, it has legal effect.

So what is a secure electronic signature?

1. You can confirm the identity of the user;

2. It can be confirmed that the electronic signature is unique to the user.

Don't tamper with the signature, or it will be detected.

See Article 6 of the Regulations on Electronic Signatures for details.

As long as the electronic signature is reliable, it has legal effect.

So what is a reliable electronic signature?

1. When the electronic signature creation data is used for electronic signature, it belongs exclusively to the electronic signer.

2. At the time of signature, the electronic signature production data is only controlled by the electronic signer.

3. Any changes to the electronic signature after signing can be found.

Any changes in the content and form of the data message after signing can be found.

See Article 13 of the Electronic Signature Law for details.

The relationship between electronic signature and third-party authentication;

The relationship between them can be summarized in one sentence: the electronic signature port does not need third-party authentication. If third-party authentication is needed, an electronic authentication service provider established according to law shall provide authentication services. Specifically, third-party authentication is a blessing and enhanced effectiveness. The electronic certification service provider shall examine the identity of the applicant and review the relevant materials. After passing, the electronic signature authentication certificate will be issued.

How to distinguish electronic seal?

In short, review "Certification Body Qualification+Certificate Validity".

Simple and easy-to-operate review methods are:

1. Check whether the electronic seal is consistent with the name of the other party to the contract.

2. Review whether the electronic seal is complete, whether it has been tampered with, and whether there is an anti-counterfeiting code.

3. Review whether the online signing process requires real-name registration and verification (to ensure that it is under the actual control of the electronic signer).

Suggestions in practical operation:

First, the agreement takes precedence.

Both parties can agree to sign the contract on the electronic contract service platform recognized by the Ministry of Industry and Information Technology (such as Yunqian and Fada), because the contract can be avoided from being invalid because of third-party authentication. If it is a major contract or considering the trading habits, the agreement can also be ruled out, that is, you do not agree to use the electronic seal, but you must sign it in kind (official seal and signature) on the spot, and you cannot choose to sign it online.

Second, when using evidence, use notarization to strengthen its effectiveness.

Unless there is evidence to the contrary, the court may confirm the authenticity of electronic data under the following circumstances:

1. is provided or confirmed by a neutral third-party platform for recording and saving electronic data.

2. Save, transmit or extract in a mutually agreed way. For the above two cases, please refer to "First, the agreement takes precedence".

3. Formed in the normal business activities.

The content of electronic data has been notarized by notary office.