Electronic signature data can be used as direct evidence, because both electronic signature and electronic data are legally recognized forms of evidence. The revised Civil Procedure Law, Criminal Procedure Law and Administrative Procedure Law all add electronic data to the definition of evidence types. Among them, Article 7 of the Electronic Signature Law stipulates: "A data message shall not be refused to be used as evidence just because it is generated, sent, received or stored by electronic, optical, magnetic or similar means." Therefore, enterprises can directly use electronic signature data as evidence.
However, electronic signature and electronic data are difficult to be recognized intuitively, vividly and clearly in many fields because of their technical professionalism and presentation form. Compared with other documentary evidence or physical evidence, it is also difficult to show evidence in a tangible way in judicial activities, and the identification of electronic signature data will also be affected by the technical knowledge of litigation examiners.
Therefore, if an enterprise involves electronic signature in judicial activities and needs electronic signature data as evidence to carry out judicial activities, it can use the judicial certification service of electronic signature provided by digital certification companies to help enterprises provide effective electronic signature verification reports to strengthen the effectiveness and legitimacy of electronic signatures, mainly including the following ways:
Signature validity verification method of signature service provider
As legal signature service and verification service providers, some large digital certification institutions have the professional technical ability to effectively verify electronic signatures. Through reliable verification techniques and steps, they can verify the validity of electronic signatures and issue corresponding verification reports. The validity verification report provided by digital certification institutions can help enterprises prove the authenticity, legality and relevance of electronic signature data in judicial activities. Because according to "Electronic Signature Law" and "Administrative Measures for Electronic Certification Services", electronic certification service institutions are legal third-party institutions that provide authenticity and reliability verification services for electronic signatures. The following figure shows the signature validity verification report provided by the digital certification company.
Proof mode of electronic signature docking judicial expertise
In addition to the verification service provided by the electronic signature service provider, the enterprise can also pass the electronic signature judicial appraisal, and the appraisal report formed can help the electronic signature evidence provided by the enterprise to be better accepted and recognized in the judicial trial.
Therefore, generally speaking, in judicial activities, enterprises can directly use electronic signature data as evidence. The effective signature verification and judicial expertise provided by digital authentication companies based on the electronic signatures of enterprises can enhance the legal effect of electronic signatures as evidence, thus helping enterprises to better carry out judicial activities.