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Does electronic seals have legal effect?

The electronic official seal has legal effect, refer to the legal effect of the company's official seal.

It should be noted that the electronic seal is not an electronic seal graphic. Only the electronic seal graphic has no legal effect. It must meet certain conditions to be legally effective, and a reliable electronic signature must be met. requirements, and must also meet legal requirements for the form and storage conditions of the original electronic contract. Therefore, the validity of the electronic official seal needs to be determined according to the above-mentioned laws on the form of the official seal, so as to ensure effective legal effect.

Electronic seals appeared long before the promulgation and implementation of China’s Electronic Signature Law. In the mid-to-late 1990s, as the traditional office model gradually transformed into an information-based office model, paper documents The form of circulation has also changed to that of electronic documents; in order to ensure the effectiveness of electronic documents while also making electronic documents have the same credibility and visual effect as traditional paper documents, the concept of electronic seals was proposed. Before China officially implemented the "Electronic Signature Law" on April 1, 2005, electronic seals had not been widely recognized and applied. Therefore, there were not many domestic companies engaged in electronic seal research earlier; in the "Electronic Signature Law" "After the promulgation and implementation, the research and application of electronic seal technology and its products have developed rapidly.

The electronic official seal refers to the data included in the electronic form of the data message and attached to identify the identity of the sealer (signer) and to indicate that the sealer (signer) recognizes the content. In layman's terms, an electronic official seal is an electronic data key that can identify the specific sealer (signer). Although the electronic official seal and the physical official seal are very different in form and carrier, the electronic official seal has the same function as the traditional physical official seal - that is, it can identify the identity of the signing subject and indicate the true intention of the signing subject. This is to ensure the legal validity of the signed contract documents.

To sum up, electronic seals have legal effect. Electronic seals are not electronic seal graphics. Only electronic seal graphics have no legal effect. They must meet certain conditions to be legal. Potency.

Legal basis:

"Electronic Signature Law of the People's Republic of China"

Article 3

In civil activities For contracts or other documents, documents and other documents, the parties may agree to use or not use electronic signatures and data messages.

The legal effect of documents agreed by the parties to use electronic signatures and data messages shall not be denied simply because they are in the form of electronic signatures or data messages.

The provisions of the preceding paragraph do not apply to the following documents:

(1) those involving marriage, adoption, inheritance and other personal relationships;

(2) those involving the suspension of water supply, Public utility services such as heating and gas supply;

(3) Other situations stipulated in laws and administrative regulations where electronic documents are not applicable.

Article 13

An electronic signature shall be regarded as a reliable electronic signature if it meets the following conditions at the same time:

(1) The electronic signature production data is used for electronic When signing, it is exclusive to the electronic signer;

(2) The electronic signature production data is only controlled by the electronic signer when signing;

(3) Any changes to the electronic signature after signing Changes can be discovered;

(4) Any changes to the content and form of the data message after signing can be discovered.

The parties may also choose to use an electronic signature that meets the reliability conditions agreed by them.