Current location - Quotes Website - Signature design - How can electronic signature effectively replace handwritten signature and seal?
How can electronic signature effectively replace handwritten signature and seal?
There are two main reasons why electronic signatures replace handwritten signatures and seals:

Electronic signature can achieve the same legal effect as handwritten signature and seal through technical means.

The use of electronic signatures has absolute advantages over handwritten signatures and seals.

Choosing a third-party electronic signature platform is the best choice to achieve the above two points.

The definition of electronic signature in Electronic Signature Law is: "It is contained in a data message in electronic form, accompanied by data for identifying the identity of the signer and indicating that the signer approves its content".

In other words, the electronic signature that conforms to the law is a reliable electronic signature that can replace the traditional signature and seal.

Articles 13 and 14 of the Electronic Signature Law stipulate that an electronic signature is considered reliable if it meets the following conditions at the same time, and an electronic contract has the same effect as a paper contract, and the signing is legal and valid. Its corresponding legal technology is as follows:

(1) When the electronic signature production data is used for electronic signature, it belongs to the electronic signer: face biometrics, bank card elements and other technical means are used for real-name authentication to ensure that the electronic signature issued is owned by a special person;

(2) When signing, the electronic signature production data is only controlled by the electronic signer: encrypt the login, and reserve the random dynamic password of the mobile phone to ensure that the signature behavior is controlled by the signer;

(3) Any changes to the electronic signature after signature can be found: the CA certificate is issued by the national authority, and the uniqueness of the fingerprint of the certificate is guaranteed, which makes the tampering invalid and can identify the authenticity and validity of the signature;

(4) Any changes to the content and form of the data message after signature can be found. A reliable electronic signature has the same legal effect as a handwritten signature or seal: the contract documents are converted into tamper-proof PDF, stamped with the time stamp of the National Time Service Center, and jointly stored by the authoritative judicial authentication center and the third-party platform, thus verifying the authenticity of the contract.

Judging from the judicial practice, the judge can judge whether the electronic signature is exclusive and controlled by the signer, whether the digital certificate is controlled by the electronic signer when signing the data message, and the technical scheme of the electronic signature (if the digital signature technology is adopted, it can generally be considered as a reliable electronic signature).

Different from the traditional electronic signature, the third-party electronic signature adopts SaaS delivery mode, which not only reduces the threshold for enterprise users, but also reduces the deployment time and cost, and does not exceed the scope of the four elements of "reliable electronic signature".

Third-party electronic signature platform is more convenient to store electronic contracts, improve the efficiency of contract signing and circulation, save the time of contract signing by using electronic signature, legally bind multiple contracts by using electronic signature, effectively prevent information from being tampered with, improve storage security, save express delivery cost and paper cost, enhance corporate image, save the physical space of online storage of electronic contracts, help enterprises transform to the Internet and respond to the requirements of superior leaders. To meet the needs of leaders for many advantages such as mobile signature, electronic signature has gradually entered the public's field of vision and is gradually replacing traditional signatures and seals in various fields and application scenarios.