I. What is an electronic signature
Electronic signature refers to the data contained in the data message in electronic form and accompanied by data used to identify the identity of the signer and show that the signer approves its content. Generally speaking, electronic signature is an electronic signature of electronic documents through cryptographic technology, which is not a digital visualization of written signature, but similar to handwritten signature or seal, and can also be said to be an electronic seal. The purpose of electronic signature is to sign the electronic version of Mid-Autumn Festival greeting cards, invitations and construction contracts.
2. What are the applicable scopes of electronic signature?
According to Article 3 of the Electronic Signature Law, in civil activities, the parties may agree to use or not use electronic signatures or 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 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.
That is to say, except for the above three cases where electronic signature (electronic signature) is not applicable, electronic signature (electronic signature) can be used in other cases. For example, an enterprise's labor contract, product purchase and sale contract, supplier contract, and internal daily examination and approval can all use electronic signatures, so as to realize fast online signing and examination and approval and improve the operational efficiency of the enterprise.
2. What is the legal relationship between electronic signature and electronic signature authentication?
Article 16 of the Electronic Signature Law stipulates that: "If an electronic signature needs third-party authentication, the legally established electronic authentication service provider shall provide authentication services." Although the law strictly stipulates the qualifications of electronic signature certification bodies, it does not clearly stipulate what kind of electronic signatures must be certified. In judicial practice, electronic signatures with legal qualifications often have higher evidential effect. Especially for the relying party of electronic signature, it is intended to prove the legal effect of the electronic signature involved and that the electronic signature has been certified by a legal institution, which is obviously more acceptable. However, it is worth noting that when the electronic signature relying party entrusts an electronic signature certification body to provide electronic signature certification services, it should provide certification services in a targeted manner, otherwise the electronic signature of the party concerned cannot be regarded as certified.
The above is "What is the scope of application of electronic signature?" We can know that in civil activities, the parties can agree whether to use electronic signatures or data messages.