Legal analysis
The official seal refers to the seal used by organs, organizations, enterprises and institutions. Because the Ministry of Public Security has not made uniform provisions on the engraving procedure, the provisions on the engraving procedure vary from place to place. According to the different types of seals, the procedures are different. However, with the development of the Internet and the electronic age, people are often no longer limited to the traditional face-to-face signature and seal when signing contracts, but will use electronic signature mode in more third-party platforms or electronic payment. Electronic seal is not an electronic seal pattern. Only the electronic seal pattern has no legal effect, and it must meet certain conditions to have legal effect. According to relevant laws and regulations, a valid electronic seal and a reliable electronic signature have the same legal effect as a handwritten signature. The requirement of a reliable electronic signature is that when the electronic signature production data is used for electronic signature, it belongs exclusively to the electronic signer; When signing, the electronic signature production data is only controlled by the electronic signer; Any changes to the electronic signature after signing can be found; Any changes to the content and form of the data message after signing can be found. Therefore, in addition to meeting the requirements of reliable electronic signature, it is also necessary to meet the requirements of the law on the original form and preservation conditions of electronic contracts. Therefore, the electronic signature that meets the above conditions is valid.
legal ground
People's Republic of China (PRC) electronic signature method
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: (1) Personal relations such as marriage, adoption and inheritance are involved; (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.
Article 14 A reliable electronic signature has the same legal effect as a handwritten signature or seal.