Electronic signature law is a legal system which takes the specification as the information carrier of e-commerce (including e-government) and the parties' "signature" in the form of electronic data on the data message as the main content. Relying on the application of computer network and electronic technology, e-commerce has obvious advantages over traditional commerce, such as convenience, high efficiency, wide coverage and low transaction cost. It can better adapt to the needs of the information age and economic globalization, so it has been rapidly developed and widely used. However, the revolutionary changes in the mode of trade brought by e-commerce have been hindered by traditional laws, resulting in a series of legal problems that must be solved, mainly: 1, written form. According to the current law, important commercial documents, including important contracts and commercial bills, must be in written form, otherwise they have no legal effect. However, paperless e-commerce uses data messages instead of paper media as information carriers instead of traditional written forms. Whether the transaction information recorded in the form of data message has legal effect needs to be clarified. 2. Originality and preservation. Important business activities need to provide and save relevant originals; When a dispute is submitted to arbitration or litigation, the original is needed as evidence. On the other hand, e-commerce transmits information between computer networks through data information. Electronic data is recorded in the computer, and what is printed in the printer can only be regarded as "copy". Then, how to determine the "original" of a data message and what kind of data message can be regarded as a written form that meets the legal requirements need to be clarified. 3. Signature problem. In traditional business activities, both parties to a transaction sign or seal a paper by hand, which is to prove their identity and to show their approval of the signed and sealed written document, and they are bound by it and cannot go back on their word. In view of the fact that signature and seal are extremely important to ensure the security of transactions, relevant laws stipulate that important business documents such as written contracts must be signed and sealed by the parties before they can take effect. However, in e-commerce, it is impossible to transmit transaction information in the form of data messages through computer networks by using traditional handwritten signature and stamp methods. Therefore, people have created the technology of "signing" with electronic data in data messages as an important means to ensure the security of online transactions. Whether this kind of signature has the same legal effect as handwritten signature also needs to be clarified by law. 4. The rules of electronic signature are not clear, the behavior of electronic signers is not standardized, and it is difficult to identify the responsibility after a dispute. 5. The legal status and responsibilities of electronic certification service providers are unclear, and their behaviors are not standardized, so it is difficult to guarantee the legitimacy of certification. 6. The security and reliability of electronic signatures are not guaranteed by law, and traders lack confidence in the security of electronic transactions.

In order to eliminate the legal obstacles in the development of e-commerce and e-government, the 11th meeting of the 10th the National People's Congress Standing Committee (NPCSC) deliberated and passed the People's Republic of China (PRC) Electronic Signature Law. The promulgation and implementation of the Electronic Signature Law will play an important role in standardizing electronic signature behavior, establishing the legal effect of electronic signature and safeguarding the legitimate rights and interests of all parties concerned.

Scope of application of electronic signature law

The main purpose of formulating electronic signature law is to standardize the behavior of electronic signature and establish the legal effect of electronic signature. At present, electronic signature is mainly used in e-commerce activities. With the continuous improvement of informatization level, government departments begin to use electronic means in the management of some economic and social affairs, such as electronic customs declaration, electronic tax declaration, electronic annual inspection and application for administrative license in the form of data messages, which also involves the legal effect of electronic signature and needs to apply the relevant provisions of electronic signature. Therefore, the scope of application of electronic signature law should be forward-looking and inclusive, that is, it is mainly applicable to business activities, not limited to business activities. In all fields where electronic signatures and data messages are used, the provisions of the electronic signature law apply to the legal effect of electronic signatures and data messages. At the same time, considering the special situation of using data messages and electronic signatures in economic and social management activities, the Electronic Signature Law authorizes the State Council to formulate specific measures for using electronic signatures and data messages in government affairs and other social activities in accordance with this Law.

In addition, based on the consideration of transaction security and social public interests, and drawing lessons from the practices of some countries, the electronic signature law stipulates that legal documents within a certain range are not applicable to the provisions of the electronic signature law on the legal effect of electronic signatures and data messages. Including: 1, involving personal relationships such as marriage, adoption and inheritance; 2, involving the transfer of land, housing and other real estate rights; 3, involving the cessation of water supply, heating, gas supply, power supply and other public utilities services; 4. Other circumstances in which electronic documents are not applicable as stipulated by laws and administrative regulations.

Main contents of electronic signature law

I legal effect of data messages and electronic signatures

The legal effect of data message and electronic signature is the primary problem to be solved in electronic signature law. Article 3 of the Electronic Signature Law clearly stipulates: "In civil activities, the parties may agree to use or not use electronic signatures and data messages." "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 legal effect of data message mainly includes: (1) written form. Article 4 of the Electronic Signature Law stipulates: "A data message that can effectively express its content and can be retrieved at any time is regarded as a written form that meets the requirements of laws and regulations." (2) Requirements for the original form. Article 5 of the Electronic Signature Law stipulates: "A data message that meets the following conditions shall be deemed to meet the requirements of the original form stipulated by laws and regulations: (1) It can effectively express the contents contained therein and can be retrieved for future reference 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 during data exchange, storage and display do not affect the integrity of data messages. " (3) Requirements for file preservation. Article 6 of the Electronic Signature Law stipulates: "A data message that meets the following conditions shall be deemed to meet the requirements for document preservation stipulated by laws and regulations: (1) It can effectively express the contents contained therein and can be retrieved for future reference at any time; (2) The format of the data message is the same as that when it was generated, sent or received, or the format is different, but it can accurately represent the content originally generated, sent or received; (3) Being able to identify the sender and receiver of the data message and the time of sending and receiving. " (4) About the validity of the evidence. Article 7 of the Electronic Signature Law stipulates: "Data messages shall not be refused to be used as evidence just because they are generated, sent, received or stored by electronic, optical, magnetic or similar means." At the same time, Article 8 stipulates: "When examining the authenticity of data messages as evidence, the following factors should be considered: (1) the reliability of the method of generating, storing or transmitting data messages; (2) the reliability of the method to maintain the integrity of the content; (3) the reliability of the method used to identify the sender; (4) Other relevant factors. "

At the same time, the electronic signature law also stipulates the ownership, receipt confirmation, sending and receiving time and place of data messages.

Regarding the legal effect of electronic signature, Article 14 of the Electronic Signature Law stipulates: "A reliable electronic signature has the same legal effect as a handwritten signature or seal." Moreover, the conditions of reliable electronic signature are stipulated in Article 13, paragraph 1, that is, (1) when the electronic signature production data is used for electronic signature, it belongs exclusively to the electronic signer; (2) When signing, the electronic signature production data is only controlled by the electronic signer; (3) Any changes to the electronic signature after signature can be found; (4) Any changes to the content and form of the data message after signature can be found. At the same time, the second paragraph of article 13 stipulates: "the parties may also choose to use electronic signatures that meet their agreed reliable conditions." In other words, as long as the electronic signature meets the legal requirements or the reliable conditions agreed by the parties, it has the same legal effect as the handwritten signature or seal.

Second, about the management of electronic certification bodies.

In the process of electronic transactions, the two parties do not know each other and lack trust. When using electronic signature, it is often necessary for a third party to authenticate the identity of the electronic signer and issue a certificate to provide third-party authentication for both parties. According to the actual situation of our country, electronic signature adopts the government-led management mode for electronic certification institutions, and establishes the market access system for electronic certification services, that is, engaging in electronic certification services must obtain the permission of relevant government departments. Articles 17 and 18 of the Electronic Signature Law stipulate that engaging in electronic authentication services must meet certain conditions and obtain the permission of the competent department of information industry in the State Council. Article 25 The competent department of information industry in the State Council is authorized to formulate specific measures for the administration of electronic certification services in accordance with this Law.

In addition, the electronic signature law also stipulates the obligations of electronic certification bodies, mainly including: 1. Electronic certification service providers shall formulate and publish electronic certification business rules that conform to the relevant provisions of the state, and file them with the competent department of information industry in the State Council; 2. The electronic authentication service provider shall check the identity of the applicant for electronic signature authentication and review the relevant materials; 3. The electronic authentication service provider shall ensure that the contents of the electronic signature authentication certificate are complete and accurate within the validity period, and ensure that the relying party of the electronic signature can confirm or understand the contents contained in the electronic signature authentication certificate and other related matters; 4. If the electronic certification service provider intends to suspend or terminate the electronic certification service, it shall notify the relevant parties of its business commitments and other related matters 90 days before the suspension or termination of the service. At the same time, it shall report to the competent department of information industry in the State Council 60 days before the service is suspended or terminated, and negotiate with other electronic certification service providers to undertake business and make proper arrangements. 5. The electronic authentication service provider shall properly keep the information related to authentication for at least five years after the electronic signature authentication certificate expires.

In addition, the Electronic Signature Law also stipulates the legal responsibilities of all parties involved in electronic signature activities.