According to Article 14 of the Electronic Signature Law, a reliable electronic signature has the same legal effect as a traditional signature or seal. And "reliable electronic signature" needs to have four elements:
That is, true identity, true will, unchanged signature and original text.
Electronic signature method
That is to say, in the process of signing, it is necessary to ensure that the signer's identity is true and accurate, that there is a clear signature intention, that the original text of the signature file and the signature data itself cannot be tampered with, and that a reliable electronic signature meets the above four requirements.
Therefore, electronic contract signing needs to be realized by electronic signature technologies such as identity authentication, timestamp and encryption algorithm.
① Real identity: Before using electronic signature, users need to ensure that their online and offline identities are consistent. After face recognition and bank authentication, a digital certificate representing network identity will be issued, which can only be authenticated by itself.
② True will: After authentication, each user will get an independent digital certificate. Every signature requires the user to do the actions of signature authority, such as face brushing, SMS verification, signature password and so on. , complete the signing intention confirmation.
Electronic contract identity authentication (source: e-sign treasure)
③ ④: Comprehensive application of RSA, SM2, SHA 256, SM3 and other cryptographic algorithms conforms to PADES standards and introduces time stamps. Documents signed by these encryption methods can ensure that the content and time of signature are solidified, the original text is tamper-proof, the signature is tamper-proof, or it can be found after tampering.
Example of electronic contract (source: e-sign treasure)
Therefore, as long as the requirements of reliable electronic signature in the Electronic Signature Law are met, users can pass identity authentication and willingness authentication in the signing process, and the signed electronic contract can be guaranteed to be legally effective, safe and effective by combining tamper-proof technologies such as timestamp, digital certificate and cryptographic algorithm.