Are electronic signatures as legally valid as paper signatures?

According to the relevant provisions of the Electronic Signature Law, a reliable electronic signature has the same legal effect as a handwritten signature or seal.

In addition, Article 13 of the Electronic Signature Law provides 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.

In summary, enterprises or individuals who have already used electronic signatures or are about to enable electronic signatures should choose a reliable electronic signature service provider.

The legal effect of electronic signatures is elaborated in an Electronic Signature Law, which focuses on five aspects of the problem. First, the legal effect of electronic signatures is established; Second, it regulates the behavior of electronic signatures; The third is to clarify the legal status and certification procedures of the certification body, and set up market access conditions and administrative licensing procedures for the certification body; Fourth, it stipulates the security measures for electronic signatures; Fifth, it is clarified that the main body of the implementation of the administrative license of the certification body is the competent department of the information industry. At present, it has been changed to the Ministry of Information and Industrialization, and more than 20 companies have obtained qualifications, including Beijing Digital Certification, and can provide legal electronic signature services.

A written contract or official document needs to be signed or sealed by the parties or the person in charge, and the contract can be legally recognized as valid, which is an ordinary signature, which can identify the true identity of the two parties in the electronic document, ensure the security and authenticity of the transaction and non-repudiation, and play the same role as the handwritten signature or seal of the electronic technical means, that is, the electronic signature. When it comes to legal efficiency, an electronic signature must be a reliable electronic signature. China has an electronic signature law, which states that reliable electronic signatures have the same legal effect as paper signatures.

Electronic signature, in a popular sense, electronic signature solves the problem of real-name authentication, that is, to ensure that the law believes that it is "you" who is operating on the other side of the network, and it is "you" who is operating, and once you enter the account operation through the network system, the law will treat or pretend to be your true expression of intent. The first step is to confirm your true identity through the electronic signature system, and the deed box app uses face recognition technology, which helps to establish a sound and reliable Internet credit foundation; In order to verify that your electronic signature is exclusive to you, the deed box adopts encrypted login, and the mobile phone random dynamic password is reserved to ensure that the signing behavior is controlled by the signer. The Electronic Signature Law of the People's Republic of China stipulates that "the legal effect of an instrument in which the parties agree to use an electronic signature or data message shall not be denied solely because it is in the form of an electronic signature or data message", and that "a reliable electronic signature has the same legal effect as a handwritten signature or seal".

When you sign, the deed box adopts advanced third-party time taking technology and blockchain certificate preservation technology, and the national authority issues the CA certificate and ensures the uniqueness of the certificate fingerprint, so that the tampering is invalid and the real validity of the signature can be identified.

An electronic signature has legal effect if it is reliable.

The reliable electronic signature must meet the following conditions: 1. The production data of the electronic signature shall be exclusive to the signatory at the time of signing; 2. It is only controlled by the electronic signatory; 3. Any changes to the signature can be found after the signature. A reliable electronic signature has the same legal effect as a handwritten signature or seal.

If it is a contract, it should be signed or sealed by the parties before it takes effect, and if it is an electronic contract, it can be signed with a reliable digital signature, which has the same legal effect. Most electronic contract service providers will have a cooperative notary office or a forensic authentication agency. If the parties need it, the electronic contract service provider can send the electronic contract to the judicial appraisal institution and notary public for processing, and issue an appraisal opinion and notarization document, which can better improve the legal effect of the electronic contract.

In addition, it is also possible to seek relevant personnel of the electronic contract service provider to testify in court, and the practitioners will explain the legitimacy of the platform, the objectivity of the evidence, and the professionalism of the operation in court, so as to comprehensively prove the credibility and reliability of the electronic contract service platform.

Article 13 of the Electronic Signature Law of the People's Republic of China Where an electronic signature meets the following conditions at the same time, it is deemed to be a reliable electronic signature: (1) When the electronic signature creation data is used for the purpose of electronic signature, it is the exclusive property of the electronic signer; 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.

How to register for an e-signature.

Electronic signatures can be applied for by public security organs and third-party electronic contract platforms. Applicants can first fill in the application information online, and go to Shenhong to accompany the public security organ to go through the approval procedures with the original business license, ID card of the legal representative, power of attorney and other originals. The third-party electronic contract platform mainly provides enterprises and individuals with electronic contracts, electronic document signing and evidence preservation services, but the signing of electronic contracts involves the use of seals.

Electronic signatures have legal effect, and the parties may agree to use or not to use electronic signatures or data messages in contracts or other documents, documents, and other documents in civil activities.

According to Article 3 of the Electronic Signature Law of the People's Republic of China, 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. The provisions of the preceding paragraph do not apply to the following instruments:

1) Involving personal relationships such as marriage, adoption, or inheritance;

2) Involving the cessation of water supply, heat supply, gas supply and other public utility services;

3) Other situations where electronic documents do not apply as provided for by laws and administrative regulations.

According to the provisions of the Electronic Signature Law, an electronic signature that "locks the true identity of the contracting entity, effectively prevents document tampering, and accurately records the time of signing" is an electronic signature with legal effect, while a reliable electronic signature has the same legal effect as a handwritten signature or seal. See Articles 13 and 14 of the Electronic Signatures Act. Recommend a reliable third-party platform certified by the Ministry of Public Security.

Legally binding.

According to Article 13 of China's current Electronic Signature Law, "if an electronic signature meets the following conditions at the same time, it shall be regarded as a reliable electronic signature

1) When the electronic signature creation data is used for electronic signatures, it is the exclusive property of the electronic signer; (Proprietary) 2) the electronic signature creation data at the time of signing is controlled only by the electronic signer; (controllability) 3) any alteration to the electronic signature after signing can be detected; (immutability) 4) any alteration to the content and form of the data message after signing can be detected. According to Article 14 of the Electronic Signature Law of the People's Republic of China, a reliable electronic signature has the same legal effect as a handwritten signature or seal, and a reliable electronic signature is not only recognized by law but also has the same legal effect as a traditional handwritten signature or seal.

Legally binding.

China stipulates that reliable electronic signatures have the same legal effect as handwritten signatures or seals;

Where the authenticity of the electronic data submitted by the parties can be proved through technical means such as electronic signatures, trusted timestamps, hash value verification, and blockchain evidence collection, fixation, and tamper-proofing, or through authentication by an electronic evidence collection and preservation platform, the Internet Court shall confirm it.

Not all electronic signatures are legally valid. Reliable electronic signatures are required to be legally enforceable. Electronic signing is a contract mode that has been popularized and promoted in recent years, which uses information encryption technology to directly affix signatures or seals to electronic documents, and form legally effective contracts or agreements in the form of electronic documents.

In terms of legal effect, it is the same as a traditional written contract. Electronic signing can be initiated, signed, filed and managed throughout the process, with the characteristics of simple use and convenient management. It can provide a legal, efficient and low-carbon way to sign contracts for industry-related enterprises.

The People's Republic of China Electronic Signature Law

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

An instrument in which the parties agree to use an electronic signature or data message may not be unscrupulously denied its legal effect simply because it adopts the form of an electronic signature or a number of electronic messages.

The provisions of the preceding paragraph do not apply to the following instruments:

1) Involving personal relationships such as marriage, adoption, or inheritance;

2) Involving the cessation of water supply, heat supply, gas supply and other public utility services;

3) Other situations where electronic documents do not apply as provided for by laws and administrative regulations.

[Legal Analysis].An electronically signed contract has legal effect, as long as the electronic contract can effectively express the content contained in it and can be accessed and used at any time, and can reliably ensure that the content remains intact and has not been changed from the time of final formation, it has legal effect.

[Legal basis].Civil Code of the People's Republic of China

Article 469:The parties may conclude a contract in written, oral or other forms.

The written form is the form in which the contents of the contract, the regimental letter, the telegram, the telex, the fax, etc., can be tangibly expressed.

Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

Article 490:Where the parties conclude a contract in the form of a written contract, the contract shall be concluded when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting.

The contract shall be concluded when the parties do not use the written form but one party has performed its main obligations and the other party accepts it.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.