Thirteenth electronic signatures meet the following conditions at the same time, as reliable:
(1) When the electronic signature production data is used for electronic signature, it belongs to the exclusive rights of the electronic signer;
(2) When signing, the electronic signature production data is only controlled by the electronic signer;
(3) Any changes to the electronic signature after signature can be found;
(4) Any changes to the content and form of the data message after signature can be found.
The parties can also choose to use electronic signatures that meet their agreed reliable conditions.
Article 14 A reliable electronic signature has the same legal effect as a handwritten signature or seal.
Generally speaking, it is difficult for individuals and ordinary enterprises to meet these requirements. Using a reliable third-party electronic signature platform can solve these problems technically.
Take how to realize that the electronic signature belongs to the exclusive and control of the signer as an example.
Electronic signature must be bound to a specific subject, which can be a unit or an individual. The most widely used electronic signature technology in the world is digital signature technology. The digital certificate in digital signature technology can be used to make data messages, and the certificate can only be used if it is bound to a specific subject.
Digital certificates are divided into two categories:
One kind is called "soft certificate", which is a file digital certificate, which can be stored in a computer or hosted on a cloud server;
The other is called "hard certificate", which is stored in a USBkey similar to a USB flash drive.
In legal effect, there is no difference between these two types of digital certificates. Digital certificates used by the public should be issued by CA institutions that have obtained the electronic certification service license of the Ministry of Industry and Information Technology; All legal CA institutions shall provide directory information inquiry service and status information inquiry service of electronic signature certificates.
From the perspective of judicial practice, the judge should first find out the following facts:
(1) Whether the digital certificate used for electronic signature is issued by a CA organization licensed by the Ministry of Industry and Information Technology;
(2) Who owns the digital certificate and the process of issuing the digital certificate to the electronic signer.
In a word, electronic signature and electronic seal are not only used in the Internet industry, but also widely used in different scenes in various fields, becoming an indispensable tool for digital office and a sharp weapon for enterprises to reduce costs and increase efficiency.