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How to use electronic signature in banking business?
The Electronic Signature Law of People's Republic of China (PRC) promulgated in 2005 (hereinafter referred to as "Electronic Signature Law") laid a legal foundation for the application of electronic signature, and was revised in the National People's Congress Standing Committee (NPCSC) on 20 15, which further promoted the application of electronic signature in the financial field. Most of the bank's business operations are conducted online, and information and documents are transmitted to customers through data messages. When the paper contract agreement cannot be signed, in order to save time and improve efficiency, electronic signature technology is often used. So how to use electronic signature in banking business and how to cooperate with electronic signature service platform can not only meet the requirements of accuracy and efficiency, but also effectively avoid security risks, legal risks and credit risks. This article will further analyze.
1. Formation of electronic signature
According to the provisions of Articles 2 and 6 of the Electronic Signature Law, all data messages that can prove the identity of the parties and their approval of electronic data content in electronic communication can be classified as electronic signatures. And a reliable electronic signature needs to meet the following four 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.
Although China's commercial banks have long used electronic signature to identify and confirm the identity of customers, the legal effect of electronic signature is uncertain because there is no clear provision in the law before. Article 14 of the Electronic Signature Law stipulates that a reliable electronic signature has the same legal effect as a handwritten signature or seal, which guarantees the legal effect of electronic signatures. The Criminal Procedure Law, which came into effect in 20 13 and 13, formally put electronic signatures into practice.
Therefore, the formation of a reliable electronic signature needs to meet certain conditions, and only when these conditions are met can it have legal effect.