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National regulations
Electronic Signature Law of the People's Republic of China (Amended in 2019)

(Adopted at the 11th meeting of the Standing Committee of the 10th National People's Congress on August 28, 2004, in accordance with the "On Amending the The Decision on the "Electricity Law of the People's Republic of China" and other six laws was revised for the first time in accordance with the "On Amending the Construction Law of the People's Republic of China" and other eight laws at the 10th meeting of the Standing Committee of the 13th National People's Congress on April 23, 2019.

 

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Article 1: To regulate electronic signature behavior,Establish the legal validity of electronic signatures,Protect the legitimate rights and interests of relevant parties,Enact this law。

Article 2 Electronic signature as referred to in this law,refers to the electronic form included in the data message、Attached data used to identify the signer and indicate that the signer approves the content。

Data message as referred to in this law,refers to electrons、Optics、Generated by magnetic or similar means、Send、Information received or stored。

Article 3 Contracts or other documents in civil activities、Documents and other documents,The parties may agree to use or not use electronic signatures、Data message。

The parties agree to use electronic signature、Document of data message,Not solely because it uses an electronic signature、The form of the data message negates its legal effect。

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

(1) Involving personal relationships such as marriage, adoption, inheritance, etc.;

(2) Involving stopping water supply、Heating、Gas supply and other public utility services;

(3) Law、Other situations stipulated in administrative regulations that do not apply to electronic documents。

 

Chapter 2 Data Message

 

Article 4: Ability to tangibly express the content,And the data messages for inquiry can be retrieved at any time,Considered to be in compliance with the law、Written form required by regulation。

Article 5 Data messages that meet the following conditions,Deemed to satisfy the law、Original form requirements specified by regulations:

(1) The content can be effectively expressed and available for investigation at any time;

(2) Can be reliably guaranteed from the time of final formation,Content remains intact、unchanged。But,Add endorsement and data exchange to data messages、Form changes that occur during storage and display do not affect the integrity of the data message。

Article 6 Data messages that meet the following conditions,Deemed to satisfy the law、Regulatory document retention requirements:

(1) The content can be effectively expressed and available for investigation at any time;

(2) Format and generation of data messages、The format is the same when sending or receiving,Or the format is different but can accurately represent the original generation、Content sent or received;

(3) Able to identify the sender of the data message、Recipient and sending、Received time。

Article 7: Data messages shall not be transmitted solely because they are in electronic form、Optics、Generated by magnetic or similar means、Send、Received or stored but refused to be used as evidence。

Article 8: Examining the authenticity of data messages as evidence,The following factors should be considered:

(1) Generate、The reliability of the method of storing or transmitting data messages;

(2) Reliability of methods to maintain content integrity;

(3) Reliability of the method used to identify the sender;

m88 live casino and sports betting(4) Other relevant factors.

Article 9: The data message has one of the following circumstances,Sent as sender:

(1) Sent with the authorization of the sender;

(2) Automatically sent by the sender’s information system;

(3) The recipient verifies the data message according to the method approved by the sender and the results are consistent。

The parties have other agreements on the matters specified in the preceding paragraph,According to its agreement。

Article 10 Law、Administrative regulations stipulate or the parties agree that data messages require confirmation of receipt,Receipt should be confirmed。When the sender receives receipt confirmation from the recipient,The data message is deemed to have been received。

Article 11 The time when the data message enters an information system beyond the control of the sender,Regarded as the sending time of the data message。

The recipient specifies a specific system to receive the data message,The time the data message entered the specific system,Regarded as the reception time of the data message;No system specified,The first time a data message entered any of the recipient's systems,Regarded as the reception time of the data message。

The time when the data message was sent by the party、The reception time is otherwise agreed,According to its agreement。

Article 12 The sender’s principal place of business shall be the place where the data message is sent,The recipient’s principal place of business is the place where the data message is received。Without a main place of business,His usual place of residence is the sending or receiving place。

The place where the data message was sent by the party、The receiving location is otherwise agreed,According to its agreement。

 

Chapter 3 Electronic Signature and Authentication

 

Article 13 Electronic signature meets the following conditions at the same time,Electronic signature considered reliable:

(1) When electronic signature production data is used for electronic signature,Proprietary to 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 signing can be discovered;

(4) Any changes to the content and form of the data message after signing can be discovered。

The parties may also choose to use an electronic signature that meets the reliable conditions agreed by them。

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

Article 15 Electronic signatories shall properly keep electronic signature production data。When the electronic signer knows that the electronic signature creation m88 best betting websitedata has been or may have been compromised,Relevant parties should be informed promptly,And terminate the use of this electronic signature to produce data。

Article 16 Electronic signature requires third-party authentication,Certification services are provided by electronic certification service providers established in accordance with the law。

Article 17 Provision of electronic certification services,Should meet the following conditions:

(1) Obtain corporate legal person qualification;

(2) Have professional technical personnel and management personnel suitable for providing electronic certification services;

(3) Having funds and business premises suitable for providing electronic certification services;

(4) Having technology and equipment that meet national safety standards;

(5) Documents proving that the national cryptography management agency agrees to use passwords;

(6) Other conditions stipulated by laws and administrative regulations.

Article 18: Engaging in electronic certification services,Application should be submitted to the information industry department of the State Council,And submit relevant materials that meet the conditions specified in Article 17 of this Law。The information industry department of the State Council will review the application in accordance with the law after receiving the application,After soliciting m88 best online betting websiteopinions from the commerce department of the State Council and other relevant departments,A decision of permission or disapproval shall be made within 45 days from the date of receipt of the application。Permission granted,Issuance of electronic certification license;Not allowed,The applicant shall be notified in writing and informed of the reasons。

A certified electronic certification service provider,The name shall be published on the Internet in accordance with the regulations of the information industry department of the State Council、License number and other information。

Article 19 Electronic certification service providers shall formulate、Publish electronic certification business rules that comply with relevant national regulations,Report to the Information Industry Competent Department of the State Council。

Electronic certification business rules should include scope of responsibility、Operation operating specifications、Information security measures and other matters。

Article 20: The electronic signer applies for an electronic signature certification certificate from the electronic certification service provider,Truth should be provided、Complete and accurate information。

After the electronic certification service provider receives the electronic signature certification certificate application,The identity of the applicant should be checked,And review relevant materials。

Article 21 The electronic signature certification certificate issued by the electronic certification service provider shall be accurate,And the following content should be stated:

(1) Name of electronic certification service provider;

(2) Name of certificate holder;

(3) Certificate serial number;

(4) Certificate validity period;

(5) Electronic signature verification data of the certificate holder;

(6) Electronic signature of the electronic certification service provider;

(7) Other contents specified by the information industry department of the State Council。

Article 22: Electronic certification service providers shall ensure that the contents of the electronic signature certification certificate are complete within the validity period、Accurate,And ensure that the electronic signature relying party can verify or understand the content and other relevant matters contained in the electronic signature certification certificate。

Article 23: Electronic certification service provider intends to suspend or terminate electronic certification services,Should be ninety days before suspending or terminating service,Notify relevant parties regarding business acceptance and other related matters。

The electronic certification service provider plans to suspend or terminate the electronic certification service,Should report to the information industry department of the State Council sixty days before suspending or terminating services,And negotiate with other electronic certification service providers on business undertaking,Make proper arrangements。

The electronic certification service provider fails to reach an agreement with other electronic certification service providers on business undertaking matters,Should apply to the information industry department of the State Council to arrange for other electronic certification service providers to take over its business。

The electronic certification service provider has its electronic certification license revoked in accordance with the law,The handling of its business undertaking matters shall be carried out in accordance with the regulations of the information industry department of the State Council。

Article 24: Electronic certification service providers shall properly preserve certification-related information,The information retention period is at least five years after the electronic signature authentication certificate expires。

Article 25: The information industry department of the State Council shall formulate specific management measures for the electronic certification service industry in accordance with this law,Implement supervision and management of electronic certification service providers in accordance with the law。

Article 26 After approval by the information industry department of the State Council in accordance with relevant agreements or the principle of reciprocity,The electronic signature certification certificate issued overseas by the electronic certification service provider outside the People's Republic of China has the same legal effect as the electronic signature certification certificate issued by the electronic certification service provider established in accordance with this law。

 

Chapter 4 Legal Liability

 

Article 27: The electronic signer knows that the electronic signature production m88 best betting websitedata has been or may have been compromised and fails to notify the relevant parties in a timely manner、And terminate the use of electronic signature production data,Failed to provide authenticity to the electronic certification service provider、Complete and accurate information,Or there are other faults,To the electronic signature relying party、Loss caused by electronic certification service provider,Be responsible for compensation。

Article 28: The electronic signer or the electronic signature relying party suffers losses due to engaging in civil activities based on the electronic signature authentication service provided by the electronic authentication service provider,The electronic certification service provider cannot prove that he is not at fault,Be responsible for compensation。

Article 29 Providing electronic authentication services without permission,Ordered by the information industry department of the State Council to stop illegal activities;Those with illegal gains,Confiscation of illegal income;Illegal income of more than 300,000 yuan,A fine of not less than one time but not more than three times the illegal income;No illegal income or illegal income of less than 300,000 yuan,A fine of not less than RMB 100,000 but not more than RMB 300,000。

Article 30 Electronic certification service provider suspends or terminates electronic certification services,Failure to report to the information industry department of the State Council sixty days before the suspension or termination of services,The information industry administrative department of the State Council shall impose a fine of not less than 10,000 yuan but not more than 50,000 yuan on the person in charge who is directly responsible for it。

Article 31: Electronic certification service providers do not comply with certification business rules、Information related to certification is not properly saved,Or have other illegal activities,Ordered by the information industry department of the State Council to make corrections within a time limit;Overdue and not corrected,Revocation of electronic certification license,The directly responsible supervisor and other directly responsible personnel shall not engage in electronic certification services within ten years。Revocation of electronic certification license,Should be announced and informed to the industrial and commercial administration department。

Article 32 Counterfeiting、False use、Stealing other people’s electronic signatures,Constituting a crime,Pursue criminal responsibility according to law;Causing losses to others,Bear civil liability in accordance with the law。

Article 33 Staff of the department responsible for the supervision and management of the electronic certification service industry in accordance with this Law,Failure to perform administrative licensing in accordance with the law、Supervision and management responsibilities,Administrative sanctions in accordance with the law;Constituting a crime,Pursue criminal responsibility according to law。

 

Chapter 5 Supplementary Provisions

Article 34 The meaning of the following terms in this law:

(1) Electronic signatory,refers to a person who holds electronic signature production data and implements electronic signature in his own identity or in the name of the person he represents;

(2) Electronic signature relying party,refers to people who engage in relevant activities based on trust in electronic signature certification certificates or electronic signatures;

(3) Electronic signature authentication certificate,Refers to the data message or other electronic record that can prove the connection between the electronic signer and the electronic signature production data;

(4) Electronic signature production data,refers to the one used in the electronic signature process,Characters that reliably link an electronic signature to the person signing the electronic signature、Encoding and other data;

(5) Electronic signature verification data,refers to the data used to verify electronic signatures,includes code、Password、Algorithm or public key, etc.。

Article 35: The State Council or departments specified by the State m88 online bettingCouncil may establish the use of electronic signatures in government affairs activities and other social activities in accordance with this law、Detailed method of data message。

Article 36 This Law shall come into effect on April 1, 2005。

 

 

(Source: Ministry of Industry and Information Technology of the People's Republic of China)

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