Encourage the use of secure electronic signatures in electronic transactions to sign electronic contracts. Article 4 People's governments at all levels shall take encouraging measures to promote the development and institutional innovation of electronic commerce and related electronic technologies and electronic trading methods. The fifth provincial people's government information industry department (hereinafter referred to as the provincial information industry department) is responsible for the policy guidance, industry supervision and coordination of electronic transactions.
Communications, industry and commerce, public security, taxation and other administrative departments shall, within their respective functions and powers, supervise electronic trading activities according to law and investigate and deal with illegal acts in a timely manner. Chapter II Electronic Signatures and Electronic Records Article 6 In the process of electronic transactions, the parties may agree on the procedures for using electronic signatures. The program used can prove that the electronic signatures of the following items are secure electronic signatures:
(1) Confirm the identity of the signer of the electronic signature;
(2) verifying that the electronic signature is unique to the signatory;
(3) Verify that the contents of the electronic record signed by electronic signature have not been changed.
Where laws and administrative regulations provide otherwise, such provisions shall prevail. Article 7 A digital signature that meets the following conditions is a secure electronic signature that meets the requirements specified in Article 6: (1) A digital signature is generated by a private key corresponding to the public key in a digital certificate and can be verified by the public key; (2) Digital certificates are issued by legally established e-commerce certification bodies with certification qualifications (hereinafter referred to as certification bodies); (3) The digital signature is signed within the validity period of the digital certificate. Article 8 In the process of electronic transactions, a secure electronic signature has the same effect as a written signature. Article 9 An electronic record signed by a secure electronic signature is a secure electronic record.
A secure electronic record is a true, complete and unmodified electronic record, which has the same effect as a written record. Chapter III Electronic Contracts Article 10 An offer and an acceptance may be in the form of electronic data in whole or in part. Unless otherwise stipulated by laws and regulations or otherwise agreed by the parties. Article 11 An offer or acceptance expressed in the form of the following electronic data is an expression of the will of the parties to a contract:
(1) Electronic records issued by the parties themselves;
(2) An electronic record issued by the agent of the party concerned;
(3) Electronic records automatically sent or automatically replied by the information system set by the parties themselves;
(4) Electronic records automatically sent or automatically replied by the information system set up by the agent of the party concerned. Article 12 The arrival time of an electronic document expressing an offer or acceptance shall be determined in the following ways: (1) If the recipient specifies a specific information system, the arrival time shall be the time when the electronic document enters the specific information system; (2) If the addressee does not specify a specific information system, the arrival time shall be the first time that the electronic document enters the addressee's information system. Article 13 Where a contract is concluded in the form of electronic data, the contract is formed when the electronic data indicating acceptance reaches the offeror.
If both parties require to sign a confirmation letter before the contract is established, the contract is established when the confirmation letter is signed. Article 14 The secure electronic signature and digital date stamp on offer, acceptance and confirmation can confirm the identity of the parties to a contract and the authenticity of the contract signing date. Chapter iv authentication institutions article 15 in the process of electronic transactions, if the parties use digital signatures for identity authentication, they may apply to the authentication institutions for digital certificates. Article 16 A certification body shall meet the following conditions:
(1) Having the qualification of a legal person;
(2) Having a key management center recognized by the national password management institution;
(3) Having professional technical and managerial personnel suitable for the certification business;
(4) Having technologies and equipment that have been proved safe and reliable by the public security department;
(5) It has the necessary funds and business premises, and has the ability to provide authentication services for users and bear risk responsibilities;
(6) Other conditions stipulated by laws and regulations. Seventeenth certification bodies should go to the provincial information industry authorities for qualification identification, and submit the certification business operation norms and digital certificate management system to the provincial information industry authorities for the record before they can carry out digital certificate certification business. The provincial information industry department shall implement the annual examination system for the qualifications of certification bodies.
The standards and procedures for accreditation and annual examination of certification bodies shall be formulated by the Provincial Information Industry Department and announced to the public. Eighteenth certification bodies shall perform the following duties:
(1) Examining the relevant materials submitted by the digital certificate applicant and the authenticity of the applicant's identity, and issuing the digital certificate after verifying the identity;
(two) to the public certification business operation norms and digital certificate management system;
(three) to protect the business secrets of users of digital certificate units and the privacy and other non-public information of individual users;
(four) to establish a backup mechanism and emergency procedures for the authentication system to ensure the safety of the authentication system and digital certificates in the event of man-made damage or natural disasters;
(five) in the event of an electronic transaction dispute, the certification body shall provide electronic identification to the relevant parties and assist the relevant departments in the investigation;
(six) the user's digital certificate is published on the Internet for public inquiry.