Article 13 If an electronic signature meets the following conditions at the same time, it is deemed to be a reliable electronic signature:

(1) When the electronic signature production data is used for electronic signature, it belongs to the electronic signer Proprietary;

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

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

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(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.

Article 14 A reliable electronic signature has the same legal effect as a handwritten signature or seal.

Article 15 The electronic signer shall properly keep the electronic signature production data. When an electronic signer learns that the electronic signature production data has been or may have been compromised, he shall promptly notify the relevant parties and terminate the use of the electronic signature production data.

Article 16 If an electronic signature requires third-party certification, the electronic certification service provider established in accordance with the law shall provide certification services.

Article 17 To provide electronic certification services, the following conditions must be met:

(1) Have professional technicians and managers suitable for providing electronic certification services;

(2) Have funds and business premises suitable for providing electronic certification services;

(3) Have technology and equipment that meet national safety standards;

(4) ) Have documents proving that the national encryption management agency agrees to use passwords;

(5) Other conditions stipulated by laws and administrative regulations.

Article 18 To engage in electronic certification services, an application shall be made to the information industry department of the State Council and relevant materials that meet the conditions specified in Article 17 of this Law shall be submitted. After receiving the application, the information industry department of the State Council will review the application in accordance with the law, and after soliciting the opinions of the commerce department of the State Council and other relevant departments, make a decision on whether to grant permission or not within 45 days from the date of receipt of the application. If permission is granted, an electronic certification license shall be issued; if permission is not granted, the applicant shall be notified in writing and the reasons shall be given.

The applicant shall go through the enterprise registration procedures with the industrial and commercial administrative department in accordance with the law with the electronic certification license.

Electronic certification service providers that have obtained certification qualifications shall publish their names, license numbers and other information on the Internet in accordance with the regulations of the information industry department of the State Council.

Article 19 Electronic certification service providers shall formulate and publish electronic certification business rules that comply with relevant national regulations, and file them with the information industry department of the State Council.

Electronic certification business rules should include matters such as scope of responsibilities, operating specifications, information security measures, etc.

Article 20 When an electronic signer applies for an electronic signature certification certificate from an electronic certification service provider, he or she shall provide true, complete and accurate information.

After receiving an application for an electronic signature certification certificate, the electronic certification service provider shall verify the identity of the applicant and review relevant materials.

Article 21 The electronic signature certification certificate issued by the electronic certification service provider shall be accurate and shall contain the following contents:

(1) Name of the electronic certification service provider ;

(2) Name of certificate holder;

(3) Certificate serial number;

(4) Certificate validity period;

(5) Electronic signature verification data of the certificate holder;

(6) Electronic signature of the electronic certification service provider;

(7) As stipulated by the information industry authority of the State Council Other content.

Article 22 The electronic certification service provider shall ensure that the contents of the electronic signature certification certificate are complete and accurate within the validity period, and ensure that the electronic signature relying party can verify or understand the contents and other contents contained in the electronic signature certification certificate. related matters.

Article 23 If an electronic certification service provider intends to suspend or terminate electronic certification services, it shall notify relevant parties of business undertaking and other relevant matters ninety days before suspending or terminating services.

If an electronic certification service provider intends to suspend or terminate electronic certification services, it shall report to the information industry department of the State Council sixty days before the suspension or termination of services, and negotiate with other electronic certification service providers on business undertakings. Negotiate and make appropriate arrangements.

If an electronic certification service provider fails to reach an agreement with other electronic certification service providers on business undertaking matters, it shall apply to the information industry department of the State Council to arrange for other electronic certification service providers to undertake its business.

If an electronic certification service provider has its electronic certification license revoked in accordance with the law, its business undertaking matters shall be handled in accordance with the regulations of the information industry department of the State Council.

Article 24 Electronic certification service providers shall properly preserve certification-related information, and the information retention period shall be at least five years after the electronic signature certification certificate expires.

Article 25 The competent department of information industry under the State Council shall formulate specific management measures for the electronic certification service industry in accordance with this Law, and implement supervision and management of electronic certification service providers in accordance with the law.

Article 26 After approval by the information industry department of the State Council in accordance with relevant agreements or the principle of reciprocity, electronic signature certification certificates issued overseas by electronic certification service providers outside the People's Republic of China It has the same legal effect as an electronic signature certification certificate issued by an electronic certification service provider established in accordance with this law.