As for the problem of not being able to go out to sign and stamp, the use of electronic signatures can completely solve the problem, but obviously an electronic picture of a signature cannot guarantee the legal effect. So how to ensure that the electronic signature has legal effect?
In this regard, the "Electronic Signature Law" has clear provisions:
Article 13 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 production data is used for electronic signature, it is exclusive 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 reliability conditions agreed upon by them.
Article 14 A reliable electronic signature has the same legal effect as a handwritten signature or seal.
To fulfill legal requirements, using a third-party electronic signature platform is the best choice. Taking our platform as an example, you only need to register and log in and perform identity authentication to create a valid electronic signature. Let’s describe this process in detail and see how to achieve “reliable electronic signature”
1. Real-name authentication
①A third-party electronic signature platform performs real-name authentication
p>After a user registers a platform account, the platform will require the user to undergo real-name authentication. Only after passing the authentication can the electronic contract be signed. During real-name authentication, individual users need to submit personal identity information, and corporate users need to submit business information. The third-party electronic signature platform will be connected to the personal identity authentication system of the Ministry of Public Security and the enterprise information system of the State Administration for Industry and Commerce to verify the user's identity information and ensure that the user's identity will not be impersonated. In the personal authentication process, our platform can provide WeChat and Alipay facial recognition authentication methods to help users quickly and completely verify their identity. As for corporate user authentication, because it involves a lot of information, we will verify the authenticity of the corporate identity through verification of corporate account payment information.
②The CA organization issues digital certificates
The CA organization is the certificate authority center and is a trusted third party in e-commerce transactions. When a user passes the real-name authentication of a third-party electronic signature platform, he or she can obtain a digital certificate issued by the CA agency that the third-party electronic signature platform cooperates with as the basis for the user's online identity certification. And the certificate uses digital signature technology as its core, making it impossible for the certificate to be forged or tampered with.
2. Create an exclusive electronic signature
After passing the real-name authentication, the user can start to create his own exclusive electronic signature. This electronic signature will be stored in a third party in the form of a data message. Electronic signature platform. Individual users can set up a handwritten signature on our platform or use an electronic signature generated by the system. Enterprise users can upload and create corporate electronic signatures. When signing electronic contracts, they can select the corresponding signature to sign. This electronic signature is equivalent to a handwritten signature or official seal in a paper contract and is legally binding.
As the leading third-party electronic contract platform in China, the technologies we implement include:
1. Authoritative certification system: using national agency certification technology to ensure the authenticity of the electronic signature subject on our platform Identity;
2. Anti-tampering technology: Using internationally accepted hash value technology to solidify the original electronic file data, it is easy to identify whether the file has been tampered with;
3. Third-party time access Technology: Accurately record signing time.
The electronic signatures (electronic seals, electronic official seals, electronic signatures) provided by our platform have the same legal effect as handwritten signatures or seals on paper contracts. At the same time, when contract disputes occur, we can also provide Users are provided with legal services such as certification reports, judicial appraisals, and online arbitration to help users efficiently resolve legal disputes and safeguard legitimate rights and interests.