According to "Electronic Signature Law", electronic signature refers to the data contained and appended in the data message in electronic form, which is used to identify the identity of the signer and show that the signer approves the content. In layman's terms, an electronic signature is an electronic signature loaded on an electronic document through cryptographic technology, and its function is similar to that of a handwritten signature or official seal on a paper contract.
The functions of electronic signature are as follows: first, it can prove the source of the document, that is, identify the identity of the signer; The second is to show the signer's confirmation of the contents of the document; Third, it constitutes the basis for the signer to be responsible for the correctness and completeness of the contents of the document, which cannot be denied afterwards.
Article 1 This Law is formulated in order to standardize electronic signatures, establish the legal effect of electronic signatures and safeguard the legitimate rights and interests of the parties concerned.
Article 2 The term "electronic signature" as mentioned in this Law refers to the data contained in a data message to identify the identity of the signer and show that the signer approves its contents.
The term "data message" as mentioned in this Law refers to information generated, sent, received or stored by electronic, optical, magnetic or similar means.
Article 3 In civil activities, the parties may agree on the use or non-use of electronic signatures and data messages in contracts or other documents and documents.
A document in the form of electronic signature or data message agreed by the parties shall not be denied its legal effect just because it is in the form of electronic signature or data message.
The provisions of the preceding paragraph shall not apply to the following documents:
(a) involving marriage, adoption, inheritance and other personal relationships;
(two) involving the cessation of water supply, heating, gas supply and other public utilities services;
(3) Other circumstances in which electronic documents are not applicable as stipulated by laws and administrative regulations.
Chapter II Data Messages
Article 4 A data message that can tangibly express its contents and can be retrieved for reference at any time shall be regarded as a written form that meets the requirements of laws and regulations.
Article 5 A data message that meets the following conditions shall be deemed to meet the original form requirements stipulated by laws and regulations:
(a) It can effectively express the content and can be used at any time;
(2) It can reliably ensure that the content remains complete and unchanged from the time it is finally formed. However, adding endorsements to data messages and changing forms in the process of data exchange, storage and display do not affect the integrity of data messages.