The meaning of electronic signature is as follows:
① Electronic signature is data in electronic form.
The electronic signature is attached to the data message, which can be a part of the data message or attached to the data message. It has a certain logical relationship with the data message and can be linked with the electronic signature.
③ An electronic signature must be able to identify the identity of the signer and show that the signer approves the contents of the data message related to the electronic signature.
The forms of electronic signature include:
① SMS and email;
② Digitized images of handwritten signatures attached to electronic documents, including those formed by biological handwriting identification method;
③ Send the password and computer password to the receiver to confirm the identity of the sender;
(4) adopting specific biotechnology identification tools, such as fingerprint or iris perspective identification;
⑤ Digital signature realized by encrypting and decrypting electronic records with asymmetric cryptosystem.
…………
How to identify the legal effect of electronic signature?
Article 14 of the Electronic Signature Law stipulates: "A reliable electronic signature has the same legal effect as a handwritten signature or seal."
In other words, the Electronic Signature Law gives electronic signatures the same legal status as traditional signatures.
A "reliable digital signature" shall meet the following conditions:
-Formal request-
Article 16 of the Electronic Signature Law: "If the electronic signature needs the authentication of a third party, the legally established electronic authentication service provider shall provide authentication services."
-Substantive elements-
Article 13 of the Electronic Signature Law shall be regarded as a reliable digital signature if the following conditions are met at the same time:
(1) When used for digital signature, the private key belongs to the digital signer;
(2) When signing, the private key is only controlled by the digital signer;
(3) Any changes to the digital signature after signing can be found;
(4) Any changes to the content and form of the data message after signature can be found.
Ways to Establish Electronic Certification Institutions in China
China's electronic certification service institutions adopt a strict access system, which is a franchise. They must obtain the certification qualification recognized by the national authorities before they can provide electronic certification services to the outside world.
To set up an electronic authentication service organization in advance and provide electronic authentication services for electronic signatures, an application must be made to the Ministry of Information Industry of People's Republic of China (PRC) and China, and formal permission will be obtained after strict examination. For specific conditions and requirements, please refer to the Measures for the Administration of Electronic Certification Services.