How to ensure the legal effect of electronic signatures?

According to the relevant provisions of the Electronic Signature Law, reliable electronic signatures have the same legal effect as offline signatures and seals.

Article 13 of the Electronic Signature Law stipulates that an electronic signature shall be deemed to be a reliable electronic signature if it meets the following conditions at the same time:

1) When the data for the creation of an electronic signature is used for electronic signatures, it is the exclusive property of the electronic signatory;

(ii) At the time of signing, the electronic signature creation data is controlled only by the electronic signatory;

iii) any alteration of the electronic signature after signing can be detected;

iv) Any changes to the content and form of the data message after signature can be detected.

The electronic signature is a form of electronic signature, which uses image processing technology to transform the electronic signature operation into the same visual effect as the paper document sealing operation, and at the same time uses electronic signature technology to ensure the authenticity and integrity of electronic information and the non-repudiation of the signatory.

In other words, if the four elements stipulated in the Electronic Signature Law are satisfied, the work in the electronic signature will have legal effect.

If the electronic signature is reliable, it has the force of law. A reliable electronic signature must meet the following conditions: the production data of the electronic signature is exclusive to the signatory at the time of signing; controlled only by the person who signed the e-Seal; and that any changes to the signature after signing can be found in a traceable way.

[Legal basis].Article 13 of the Electronic Signature Law of the People's Republic of China.

An electronic signature is considered a reliable electronic signature if it meets the following conditions at the same time:

1) When the data for the creation of an electronic signature is used for electronic signatures, it is the exclusive property of the electronic signatory;

(ii) At the time of signing, the electronic signature creation data is controlled only by the electronic signatory;

iii) any alteration of the electronic signature after signing can be detected;

d)Any changes to the content and form of the data message after signing can be detected.

Parties may also choose to use electronic signatures that meet the reliable conditions they have agreed upon.

Article 14. A reliable electronic signature has the same legal effect as a handwritten signature or seal.

Article 13 of the Electronic Signature Law of the People's Republic of China (revised in 2019) clearly stipulates the conditions that must be met for reliable electronic signatures:

When the electronic signature creation data is used for electronic signatures, it is the exclusive property of the electronic signer;

At the time of signing, the electronic signature creation data is controlled only by the electronic signer; Take big.

Any alteration to the electronic signature after signing can be detected;

Any changes to the content and form of the data message after signing can be detected.

Combined with the above provisions, legal and effective electronic signatures should meet the requirements of "real identity, real will, and tamper-proof".

In addition, the regulations on electronic seals issued by various places have made further requirements for the standardization of the seal itself, mainly including the graphical features of the electronic official seal must be consistent with the physical seal, and the electronic job seal and the electronic private seal must be completely consistent with the real name.

Of course it has the force of law. Electronic signature is a form of electronic signature, which uses image processing technology to transform the electronic signature operation into the same visual effect as the paper document sealing operation, and at the same time uses electronic signature technology to ensure the authenticity and integrity of electronic information and the non-repudiation of the signer.

Therefore, it can be understood that the essence of electronic signature is a special electronic signature, so the legal effect of electronic signature is similar to that of electronic signature. The legal effect of electronic signatures has long been stipulated in China's laws and regulations. Article 14 of the Electronic Signature Law of the People's Republic of China, which was issued on April 1, 2005, clearly stipulates that:

A reliable electronic signature (e-signature) has the same legal effect as a traditional paper signature and seal.

Legally binding.

Generally speaking, electronic signatures contain two different forms of expression, signature and seal, which are a form of expression of electronic signatures. It uses image processing technology to transform the electronic signature operation into the same visual effect as the paper document stamping operation, and at the same time uses the electronic signature technology to ensure the authenticity and integrity of the electronic information and the non-repudiation of the signatory.

From this, we can know that the electronic signature is actually a kind of "number operation", and the validity of the electronic signature only needs to be identified by the integrity of the digital certificate.

According to the provisions of China's Electronic Signature Law, if the electronic signature is reliable, the contract signed with the electronic signature has the same legal effect as the handwritten signature or seal.

1. Whether the traffic police recognize the electronic insurance policy of compulsory traffic insurance.

An electronic signature has the same legal effect as a handwritten signature or seal. Generally speaking, an electronic policy is electronically signed by the insurance company, and it has the same legal effect as a paper policy. Therefore, the traffic police recognize the electronic insurance policy.

However, in some regions, electronic policies are still not available, so you can print out the electronic policy or apply for a paper policy from the insurance company, and then carry out related work.

2. Is the electronic version of the labor contract valid?

An electronic version of an employment contract is generally valid. According to the law, if the employment contract is signed by the employer and the employee through consultation, the parties may agree to use electronic signatures or data messages. Documents that agree to use electronic signatures or data messages must not be denied their legal effect simply because they are in the form of electronic signatures or data messages.

3. How to sign an electronic loan contract to be valid.

Not all electronic contracts have the same legal effect as paper contracts, and the following two conditions are required for an electronic contract to be valid:

1) The parties to the contract have been verified by their real names. That is to say, identity verification for individuals, current mobile phone verification, WeChat authentication, bank cards, which can only correspond to the name of this person, but also to take pictures in real time to form a chain of evidence. For enterprise certification, it is necessary to submit the relevant information and official seal of the enterprise, plus the statement of power of attorney.

2) The signature on an electronic contract is a reliable electronic signature recognized under the Electronic Signature Act.

If the above two conditions are met, the electronic contract has the same legal effect as the handwritten signature of the paper contract.

Article 14 of the Electronic Signature Law stipulates that a reliable electronic signature has the same legal effect as a handwritten signature or seal.

According to the provisions of China's Electronic Signature Law, if the electronic signature is reliable, the contract signed with the electronic signature has the same legal effect as the handwritten signature or seal.

Legal basis] Article 14 of the Electronic Signature Law stipulates that a reliable electronic signature has the same effect as a handwritten signature or seal.