This is a policy that summarizes the experience and lessons required by traditional written laws. The adoption of "Electronic Signature Law" marks the official birth of the first "True Information Law" in China, which has been implemented since April 1 2005. According to the law, when both parties use electronic signatures in e-commerce transactions, they often need a third party to authenticate the identity of the electronic signer and provide credit guarantee to the counterparty. This third party is generally called an electronic certification service organization. Electronic certification service institutions need the permission of the competent department of the state to engage in related business. According to the law, an electronic signature can only be regarded as reliable if it meets several conditions, such as "when electronic signature data is used for electronic signature, it belongs to the electronic signer", "when electronic signature data is signed, it is only controlled by the electronic signer", "after signing, any changes to the electronic signature can be found" and "after signing, any changes to the content and form of data messages can be found". The law also stipulates that the parties can also choose to use electronic signatures that meet their agreed reliable conditions. In order to protect the legitimate rights and interests of electronic signers, the law stipulates that anyone who forges, fraudulently uses or embezzles another person's electronic signature, which constitutes a crime, shall be investigated for criminal responsibility according to law; If losses are caused to others, they shall bear corresponding civil liabilities according to law. According to the Law, if an electronic signer or a dependent of an electronic signature suffers losses in civil activities based on the electronic signature authentication service provided by an electronic authentication service provider, and the electronic authentication service provider cannot prove his innocence, he shall be liable for compensation. The law also stipulates that if an electronic authentication service is provided without permission, the competent department of information industry in the State Council shall order it to stop the illegal act; Illegal income, confiscate the illegal income; If the illegal income is more than 300,000 yuan, a fine of more than one time and less than three times the illegal income shall be imposed; If there is no illegal income or the illegal income is less than 300,000 yuan, a fine of100,000 yuan but not more than 300,000 yuan shall be imposed. According to the Electronic Signature Law, if electronic signatures and data messages are used in documents related to stopping water supply, heat supply, gas supply, power supply and other public utilities services, the scope of adjustment of this law is not applicable and may not have legal effect. In addition, "personal relationships such as marriage, adoption and inheritance" and "transfer of real estate rights such as land and houses" are not applicable to the scope of adjustment of this law. With the promulgation and implementation of this law, electronic signatures will have the same legal effect as traditional handwritten signatures and seals, which means that online access has an "identity card". Experts believe that this law will play an extremely important role in promoting the development of e-commerce and e-government in China. Electronic signature Electronic signature, also known as "digital signature", refers to the use of symbols and codes to form an electronic password to "sign" instead of writing a signature or seal. It uses standardized procedures and scientific methods to identify the identity of the signer and recognize the content information of the data message. The main content of the electronic signature law The electronic signature law stipulates that the parties may agree to use or not use electronic signatures and data messages in contracts or other documents and vouchers in civil activities. 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. & gt& gt Electronic Signature Law The full-text electronic signature law focuses on solving five problems: (1) Establishing the legal effect of electronic signature; (2) standardize the electronic signature behavior; (3) Clarify the legal status and certification procedures of certification bodies; (4) Provisions on security measures for electronic signatures; (five) to clarify the implementation organ of the administrative license for electronic certification services. Opinions of the Ministry of Information Industry on the implementation of the electronic signature law in four aspects: First, the implementation of the electronic signature law should be taken as a major event to promote informationization and administration according to law. Second, fully understand the necessity and significance of electronic signature law. Third, strengthen and improve the management of electronic certification service industry, and provide a solid guarantee for the implementation of electronic signature law. The fourth is to strictly administer according to law and earnestly perform management duties.
Adopt it