Chapter 1 General Provisions Article 1 This law is formulated in order to regulate the behavior of electronic signatures, establish the legal effect of electronic signatures, and safeguard the legitimate rights and interests of relevant parties. Article 2 The term “electronic signature” as used in this Law refers to the data contained in the data message in electronic form and attached to identify the identity of the signer and indicate that the signer recognizes the content.

The term “data message” as used in this Law refers to information generated, sent, received or stored by electronic, optical, magnetic or similar means. Article 3 For contracts or other documents, documents and other documents in civil activities, the parties may agree to use or not use electronic signatures and data messages.

The legal effect of documents agreed by the parties to use electronic signatures and data messages shall not be denied simply because they are in the form of electronic signatures or data messages.

The provisions of the preceding paragraph do not apply to the following documents:

(1) those involving marriage, adoption, inheritance and other personal relationships;

(2) those involving land and houses Waiting for the transfer of real estate rights and interests;

(3) Involving the cessation of water supply, heating, gas supply, power supply and other public utility services;

(4) Inappropriate provisions of laws and administrative regulations Other situations where electronic documents are applicable. Chapter 2 Data Messages Article 4 Data messages that can tangibly express the content contained therein and can be retrieved at any time shall be deemed to be in written form that meets the requirements of laws and regulations. Article 5 Data messages that meet the following conditions are deemed to meet the original format requirements stipulated by laws and regulations:

(1) Can effectively express the content contained and can be retrieved at any time;

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(2) It can reliably guarantee that the content remains intact and unaltered from the time of final formation. However, the addition of endorsements to data messages and changes in form during data exchange, storage and display do not affect the integrity of data messages. Article 6 Data messages that meet the following conditions are deemed to meet the document preservation requirements stipulated in laws and regulations:

(1) It can effectively express the content contained and can be retrieved at any time;

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(2) The format of the data message is the same as when it was generated, sent or received, or the format is different but can accurately represent the original content generated, sent or received;

(3) Able to identify the sender and recipient of the data message as well as the time of sending and receiving. Article 7: Data messages shall not be refused to be used as evidence simply 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:

(1) The reliability of the method of generating, storing or transmitting data messages;

(2) Maintaining The reliability of the content integrity method;

(3) The reliability of the method used to identify the sender;

(4) Other relevant factors. Article 9 If a data message falls under any of the following circumstances, it will be deemed to have been sent by the sender:

(1) Sent with the authorization of the sender;

(2) The sender The information system automatically sends it;

(3) The recipient verifies the data message according to the method approved by the sender and the result is consistent.

If the parties have any other agreement on the matters specified in the preceding paragraph, such agreement shall prevail. Article 10 If the laws, administrative regulations or the parties agree that the receipt of a data message needs to be confirmed, the receipt shall be confirmed. The data message is deemed to have been received when the sender receives confirmation of receipt from the recipient. Article 11 The time when a data message enters an information system beyond the control of the sender shall be deemed as the sending time of the data message.

If the recipient designates a specific system to receive the data message, the time when the data message enters the specific system shall be deemed as the reception time of the data message; if no specific system is specified, the data message enters any system of the recipient. The first time of the system is regarded as the reception time of the data message.

If the parties have other agreements on the time of sending and receiving data messages, such agreement shall prevail. Article 12 The sender’s principal place of business shall be the place where the data message is sent, and the recipient’s principal place of business shall be the place where the data message is received. If there is no main place of business, the place of habitual residence shall be the place of sending or receiving.

If the parties have other agreements on the sending place and receiving place of the data message, such agreement shall prevail. Chapter 3 Electronic Signatures and Authentication 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 upon by them. Article 14: A reliable electronic signature has the same legal effect as a handwritten signature or seal. Article 15: Electronic signatories shall properly keep 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.