Legal analysis

Clear the legal effect of electronic signatures. The "Electronic Signature Law" clearly stipulates that "for contracts or other documents, documents and other documents in civil activities, the parties may agree to use or not use electronic signatures or data messages. The parties may agree to use electronic signatures or data messages for documents only because It takes the form of an electronic signature or data message and denies its legal effect. "In this way, when electronic signatures have the same legal effect as handwritten signatures or seals, electronic documents are recognized as having the same effect as written documents, thus making the current civil and commercial laws more effective. Can be applied to electronic documents. The technical and legal conditions required for electronic signatures are clarified. The electronic signature must also comply with the following requirements: "When the electronic signature production data is used for electronic signature, it is exclusive to the electronic signer", "The electronic signature production data is only controlled by the electronic signer when signing", "Any changes to the electronic signature after signing can be Only if there are certain conditions such as "discovery" and "any changes to the content and form of the data message after signing can be discovered" can it be regarded as a reliable electronic signature. This provision provides strict and operable legal provisions to ensure the security and accuracy of electronic signatures and prevent fraud. Provisions are made on e-commerce certification bodies and behaviors. E-commerce requires a third party to authenticate the identity of the electronic signer, and this third party is called an electronic certification service agency. The reliability of the certification authority plays a key role in the authenticity of electronic signatures and the security of electronic transactions. Considering that the current social credit system in China is not yet sound, in order to ensure the safety and reliability of electronic transactions, the "Electronic Signature Law" stipulates the market access system for certification services, clarifies the system for the government's qualification management of certification agencies, and regulates electronic certification. Service agencies have put forward strict restrictions on personnel, funds, technology, equipment and other aspects. It clarifies the rights, obligations and behavioral norms of e-commerce transaction parties and certification agencies in electronic signature activities. Such as the sending and receiving time of data messages in electronic contracts, the sending and receiving locations of data messages, the procedures for electronic signatories to apply for electronic signature certification certificates from electronic certification service providers, the principles for electronic certification service providers to provide services, and electronic signatures. Issues such as the legal obligations and responsibilities that each person or certification agency should bear have been clearly stipulated.

Legal Basis

"Electronic Signature Law of the People's Republic of China"

Article 2 The term "electronic signature" as used in this law refers to the electronic signature in the data message. Data contained in electronic form and attached to identify the signer and indicate that the signer approves its contents. The term “data message” as used in this Law refers to information generated, sent, received or stored by electronic, optical, magnetic or similar means.

Article 3 For contracts or other documents, documents and other documents in civil activities, the parties may agree to use or not use electronic signatures and data messages. If the parties agree to use electronic signatures or data messages for documents, their legal validity shall not be denied simply because they are in the form of electronic signatures or data messages. The provisions of the preceding paragraph do not apply to the following documents: (1) involving personal relationships such as marriage, adoption, inheritance, etc.; (2) involving the cessation of water supply, heating, gas supply and other public utility services; (3) inappropriate documents stipulated in laws and administrative regulations. Other situations where electronic documents are applicable.

Article 4 A data message that can tangibly express the content contained in it and can be retrieved at any time shall be deemed as a written form that meets the requirements of laws and regulations.

Article 5 Data messages that meet the following conditions are deemed to meet the original format requirements stipulated by laws and regulations: (1) It can effectively express the content contained and can be retrieved at any time; (2) ) can reliably guarantee that the content remains intact and unaltered from the time it was finalized. However, the addition of endorsements to data messages and changes in form during data exchange, storage and display do not affect the integrity of data messages.