Law of the People's Republic of China on Electronic Signatures (Revised in 2015)
Law of the People's Republic of China on Electronic Signatures (Revised in 2015)
Law of the People's Republic of China on Electronic Signatures (Revised in 2015)
Order of the President of the People's Republic of China No.24
April 24, 2015
(Adopted during the 11th meeting of the Standing Committee of the 10th National People's Congress of the People's Republic of China on August 28, 2004, and amended according to the Decision on Revising Six Laws including the Electric Power Law of the People's Republic of China passed at the 14th meeting of the Standing Committee of the 12th National People's Congress of the People's Republic of China on April 24, 2015)
Table of Contents
Chapter I General Provisions
Chapter II Electronic Data
Chapter III Electronic Signatures and Certification
Chapter IV Legal Liabilities
Chapter V Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in order to regulate the conduct of electronic signatures, establish the legal effect of electronic signatures, and protect the lawful rights and interests of relevant parties.
Article 2 "Electronic Signatures," as mentioned in this Law, shall refer to the data included and attached, in electronic form, in electronic data for the use of identifying the signatory, and for verifying that the signatory has acknowledged the content therein.
"Electronic Data," as mentioned in this Law, shall refer to information created, sent, received or stored by electronic, optical, magnetic or simlar means.
Article 3 The parties may stipulate the use, or non-use, of electronic signatures or electronic data in a contract or other documents and documentations in civil activities.
The legal effect of any document that uses electronic signatures and/or electronic data, as stipulated by the parties, shall not be denied simply because it takes the form of an electronic signature and/or electronic data.
The above-mentioned provisions shall not apply to the following documents:
1. Documents concerning personal relations, such as marriage, adoption and succession, etc.;
2. Documents concerning transfers of real estate rights and interests, such as land and property, etc.;
3. Documents concerning the termination of water supplies, heat supplies, gas supplies, power supplies or other public-utility services; and
4. Other circumstances, under which electronic documents do not apply, as prescribed by laws and administrative regulations.
Chapter II Electronic Data
Article 4 Any electronic data that can show, in material form, the contents that it specifies, and which may be accessed and used at any time, shall be regarded as complying with the written form as prescribed by laws and regulations.
Article 5 Electronic data that meet the following requirements shall be deemed to have satisfied the requirements for the form of original copies as prescribed by laws and regulations:
1. Electronic data that are capable of effectively showing the contents they specify, and which may be accessed and used at any time; and
2. Electronic data that are capable of unfailingly ensuring that the contents are complete and unaltered, from the time when they finally come into being. But the integrity of electronic data will not be influenced by the addition of endorsement to the electronic data and/or alterations of forms that occurs during the course of data interchanges, storage and displays.
Article 6 Any electronic data that meets the following requirements shall be deemed to satisfy the requirements for document preservation, as prescribed by laws and regulations:
1. Being capable of effectively showing the contents it specifies, and which may be accessed for reference and used at any time;
2. The format of the electronic data is the same as the format when it was created, sent or received, or the format is not the same but accurately reflects the contents originally created, sent, or received; and
3.
......
Order of the President of the People's Republic of China No.24
April 24, 2015
(Adopted during the 11th meeting of the Standing Committee of the 10th National People's Congress of the People's Republic of China on August 28, 2004, and amended according to the Decision on Revising Six Laws including the Electric Power Law of the People's Republic of China passed at the 14th meeting of the Standing Committee of the 12th National People's Congress of the People's Republic of China on April 24, 2015)
Table of Contents
Chapter I General Provisions
Chapter II Electronic Data
Chapter III Electronic Signatures and Certification
Chapter IV Legal Liabilities
Chapter V Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in order to regulate the conduct of electronic signatures, establish the legal effect of electronic signatures, and protect the lawful rights and interests of relevant parties.
Article 2 "Electronic Signatures," as mentioned in this Law, shall refer to the data included and attached, in electronic form, in electronic data for the use of identifying the signatory, and for verifying that the signatory has acknowledged the content therein.
"Electronic Data," as mentioned in this Law, shall refer to information created, sent, received or stored by electronic, optical, magnetic or simlar means.
Article 3 The parties may stipulate the use, or non-use, of electronic signatures or electronic data in a contract or other documents and documentations in civil activities.
The legal effect of any document that uses electronic signatures and/or electronic data, as stipulated by the parties, shall not be denied simply because it takes the form of an electronic signature and/or electronic data.
The above-mentioned provisions shall not apply to the following documents:
1. Documents concerning personal relations, such as marriage, adoption and succession, etc.;
2. Documents concerning transfers of real estate rights and interests, such as land and property, etc.;
3. Documents concerning the termination of water supplies, heat supplies, gas supplies, power supplies or other public-utility services; and
4. Other circumstances, under which electronic documents do not apply, as prescribed by laws and administrative regulations.
Chapter II Electronic Data
Article 4 Any electronic data that can show, in material form, the contents that it specifies, and which may be accessed and used at any time, shall be regarded as complying with the written form as prescribed by laws and regulations.
Article 5 Electronic data that meet the following requirements shall be deemed to have satisfied the requirements for the form of original copies as prescribed by laws and regulations:
1. Electronic data that are capable of effectively showing the contents they specify, and which may be accessed and used at any time; and
2. Electronic data that are capable of unfailingly ensuring that the contents are complete and unaltered, from the time when they finally come into being. But the integrity of electronic data will not be influenced by the addition of endorsement to the electronic data and/or alterations of forms that occurs during the course of data interchanges, storage and displays.
Article 6 Any electronic data that meets the following requirements shall be deemed to satisfy the requirements for document preservation, as prescribed by laws and regulations:
1. Being capable of effectively showing the contents it specifies, and which may be accessed for reference and used at any time;
2. The format of the electronic data is the same as the format when it was created, sent or received, or the format is not the same but accurately reflects the contents originally created, sent, or received; and
3.
......