Legal basis: The Ministry of Commerce of China points out in "Procedures for Online Concluding of Electronic Contracts": "Only through the electronic contract conclusion system of the third party (electronic contract service provider) can the fairness of the process and the effectiveness of the results be guaranteed."
2. To sign an electronic contract, the digital certificate (reliable electronic signature) provided by a legal CA must be used to ensure the authenticity of the signer's identity, the integrity of the content and the legality of the digital signature.
Article 14 of China's Electronic Signature Law stipulates: "A reliable electronic signature has the same legal effect as a handwritten signature or seal." Article 16 stipulates: "If an electronic signature requires third-party authentication, an electronic authentication service provider established according to law shall provide authentication services." The "reliable electronic signature" referred to here is a digital signature generated by signing a digital certificate issued by a legal CA.
3. The basic condition of reliable electronic signature technology is that the certificate used to sign the electronic contract must be issued by a certificate issuing authority trusted by Adobe, which ensures that the signed PDF file shows "credible signature" in Adobe reader, and the validity of the contract is automatically verified by Adobe reader, which is universal. Electronic seal is one of the manifestations of white electronic signature. Article 3 of China's Electronic Signature Law clearly stipulates that 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.
First, the following circumstances are not applicable to electronic seals:
1, involving personal relationships such as marriage, adoption and inheritance.
2, involving the transfer of land, housing and other real estate rights.
3, involving the cessation of water supply, heating, gas supply, power supply and other public utilities services.
4. Other circumstances in which electronic documents are not applicable as stipulated by laws and administrative regulations.
5. Electronic signature is an online identity authentication system based on international PKI standards. A digital certificate is equivalent to an online ID card. It effectively authenticates online identity in the form of digital signature through third-party authoritative authentication, helping each subject to identify the other party's identity and show their own identity. It has the functions of authenticity and anti-repudiation.
6. Different from entity ID cards, digital certificates also have the characteristics of security, confidentiality and tamper resistance, which can effectively protect and securely transmit information transmitted by enterprises on the Internet.
Two, the electronic signature meets the following conditions, as a reliable electronic signature:
1. When electronic signature production data is used for electronic signature, it belongs to 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 signing can be found.
Any changes in the content and form of the data message after signing can be found.