What kind of electronic signature has legal effect?

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.

According to Article 13 of the Electronic Signature Law of the People's Republic of China, 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 electronic signatures is used for electronic signatures, it is the exclusive property of the electronic signatory;

2) At the time of signing, the electronic signature creation data is controlled only by the electronic signer;

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

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

In short, after the three elements of the signing subject, the signing act and the immutability of the electronic signature are confirmed, it has the same legal effect as the handwritten signature or seal.

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 electronic signatures is used for electronic signatures, it is the exclusive property of the electronic signatory;

2) At the time of signing, the electronic signature creation data is controlled only by the electronic signer;

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

iv)that 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.

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 legal effect as a handwritten signature or seal.

Electronic signatures are a form of electronic signatures!

Electronic seal technology simulates the traditional physical seal with advanced digital technology, and its management and use are in line with the habits and experience of the physical seal, and the stamped electronic document has the same appearance, the same validity and similar use method as the paper document stamped with the physical seal.

Electronic seal is actually a kind of electronic signature, the difference is that electronic seal is a seal as the external manifestation of the signature, while electronic signature is generally a handwritten signature pattern. The rest of the additional data is basically the same.

Before the implementation of the Electronic Signature Law on April 1, 2005, electronic seals have not been widely recognized and applied, so there are not many companies engaged in the research of electronic seals in China. After the promulgation and implementation of the "Electronic Signature Law", the research and application of electronic seal technology and its products have developed rapidly.

The Electronic Signature Law of the People's Republic of China is a law enacted to regulate the act of electronic signatures, establish the legal effect of electronic signatures, and safeguard the legitimate rights and interests of all parties concerned.

Article 3 stipulates that the parties may agree to use electronic signatures or data messages in contracts or other documents, documents and other documents in civil activities.

Where the parties agree to use electronic signatures or data messages, their legal effect must not be denied solely because they are in the form of electronic signatures or data messages.

Article 13 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 electronic signatures is used for electronic signatures, it is the exclusive property of the electronic signatory;

2) At the time of signing, the electronic signature creation data is controlled only by the electronic signer;

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

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

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

Article 14 stipulates that 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.

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.

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.