Abstract: When signing an electronic contract, we always use electronic signature, which is the electronic signature of electronic documents through cryptographic technology. In order to ensure the authenticity and reliability of traders in the open network environment, personal identity information is generally authenticated electronically. So what are the legal requirements for electronic signature and electronic authentication? Let's get to know each other. What are the legal requirements for electronic signature and electronic authentication?

I. Electronic signature

Article 2, Chapter 1 of the Electronic Signature Law: Electronic signature refers to the data contained in the data message in electronic form, accompanied by the data used to identify the identity of the signer and show that the signer approves its content.

Chapter 1 of the Electronic Signature Law Article 2: Article 3 In civil activities, the parties may agree to use or not use electronic signatures and data messages. 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 III Article 13 of the Electronic Signature Law: 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.

Second, electronic authentication.

Forms of electronic authentication

There are usually two types of electronic authentication (CA) settings:

The first category: directly established by the subordinate units of the relevant state departments to engage in electronic authentication services. Or the relevant government departments play the role of the highest level certification center in the CA system.

The second category: the relevant government departments authorize, stipulate strict examination and approval conditions and procedures to issue certificates, and exercise supervision power at the same time to ensure the security of online transactions. Either way, the role played by the government is crucial.

(2) Conditions for electronic authentication

When approving the wholesale license, the competent government departments should not only examine the applicant's hardware measures (such as the choice of office space) and software conditions (such as the technical expertise of the company's personnel), but also examine the subject qualification and the ability to bear damages. The following is a brief introduction to the conditions for CA to provide electronic authentication services under Utah electronic signature law.

1, subject qualification: can be a practicing lawyer; Trust machine function or insurance institution registered in Utah; Utah governor, state courts, cities, counties and other institutions that designate public servants to carry out CA certification business according to laws or administrative orders and their certified employees; Any company that obtains a business license in Utah;

2. Procedure: CA itself must apply for a public key certificate and store it in the public key certificate database established or recognized by the competent authority for public inspection and reading;

3. Notarization qualification: you must have the qualification of a notary or at least hire an employee with the qualification of a notary;

4. Employees must not have a serious criminal record: employed employees must not have a serious criminal record or commit other crimes of fraud, misrepresentation or deception;

5. Professional knowledge: practitioners must have professional knowledge to carry out certification business;

6. Commercial guarantee: In addition to government officials or institutions applying for CA business, other applicants must provide commercial guarantee;

7. Software and hardware facilities: The software and hardware facilities required for CA business must have legal rights to the facilities;

8. Place of business: You must have a place of business in Utah or appoint an agent to perform business on your behalf;

9. All other regulations of the competent authority must be observed.