The term "data message" as mentioned in this Law refers to information generated, sent, received or stored by electronic, optical, magnetic or similar means. 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:
(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. Chapter II Data Messages Article 4 A data message that can tangibly express its contents and can be retrieved at any time shall be regarded as a written form that meets the requirements of laws and regulations. Article 5 A data message that meets the following conditions shall be deemed to meet the original form requirements stipulated by laws and regulations:
(a) It can effectively express the content and can be used at any time;
(2) It can reliably ensure that the content remains complete and unchanged from the time it is finally formed. However, adding endorsements to data messages and changing forms in the process of data exchange, storage and display do not affect the integrity of data messages. Article 6 Data messages that meet the following conditions shall be deemed to meet the requirements for document preservation as stipulated by laws and regulations:
(a) It can effectively express the content and can be used at any time;
(2) The format of the data message is the same as that when it was generated, sent or received, or the format is different, but it can accurately represent the content originally generated, sent or received;
(3) Being able to identify the sender and receiver of the data message and the time of sending and receiving. Article 7 Data messages shall not be refused to be used as evidence just because they are generated, sent, received or stored by electronic, optical, magnetic or similar means. Article 8 When examining the authenticity of data messages as evidence, the following factors shall be considered:
(a) Reliability of the method of generating, storing or transmitting data messages;
(2) the reliability of the method to maintain the integrity of the content;
(3) the reliability of the method used to identify the sender;
(4) Other relevant factors. Article 9 A data message shall be deemed to have been sent by the sender under any of the following circumstances:
(a) authorized by the sender;
(2) the sender information system automatically sends;
(3) The results of checking the data message by the receiver in accordance with the method approved by the sender are consistent.
Where the parties have otherwise agreed on the matters specified in the preceding paragraph, such agreement shall prevail. Article 10 In accordance with the provisions of laws, administrative regulations or the agreement of the parties, if the receipt of a data message needs to be confirmed, it shall be confirmed. When the sender receives the receipt confirmation from the receiver, the data message is deemed to have been received. Article 11 The time when a data message enters an information system beyond the control of the sender shall be regarded as the time when the data message is sent.
If the addressee designates a specific system to receive the data message, the time when the data message enters the specific system shall be regarded as the receiving time of the data message; If no specific system is specified, the time when the data message first enters any system of the addressee shall be regarded as the time of receipt of the data message.
If the parties have otherwise agreed on the time of sending and receiving data messages, such agreement shall prevail. Article 12 The main business place of the sender is the sending place of the data message, and the main business place of the receiver is the receiving place of the data message. If there is no main place of business, its habitual residence is the sending place or the receiving place.
Where the parties have otherwise agreed on the place of sending and receiving data messages, such agreement shall prevail. Chapter III Electronic Signature and Authentication Article 13 An electronic signature shall be deemed reliable if it meets the following conditions:
(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. Article 15 An electronic signer shall properly keep the electronic signature making data. When the electronic signer knows that the electronic signature production data has been or may have been compromised, he shall promptly inform the relevant parties and stop using the electronic signature production data. Article 16 Where an electronic signature requires authentication by a third party, a legally established electronic authentication service provider shall provide authentication services.