Electronic Signature Law of the peoples Republic of China 中华人民共和国电子签名法

ult with the department in charge of commerce and other relevant departments under the State Council， before making a decision on whether to grant of deny approval within 45 days from the date it receives the application. If it grants approval， it shall inform the applicant in writing of the fact and of reasons why.

　　The applicant shall， upon the strength of the license of electronic verification， go through the formalities for enterprise registration at the administrative department for industry and commerce according to law.

　　The electronic verification service that has been qualified for verification shall， in accordance with the regulations of the department in charge of the information industry under the State Council， make public in the Internet such information as its name and the number of its license.

　　Article 19 The electronic verification service shall formulate and publish its rules for electronic verification， which are in conformity with the relevant regulations of the State， and submit them to the department in charge of the information industry under the State Council for the record.

　　The rules for electronic verification shall include the matter such as the scope of liability， the norms for operation and the protective measures for information safety.

　　Article 20 Where an electronic signatory applier to an electronic verification service for the certificate f his electronic signature， he shall provide truthful， complete and accurate information.

　　Upon receiving the application for certificate of the electronic signature， the electronic verification service shall check the identity of the applicant and examine the relevant materials.

　　Article 21 The certificate of an electronic signature issued by the electronic verification service shall be accurate and devoid of error， and the following items shall be accurate and devoid of error， and the following items shall clearly be stated therein：

　　（1）the name of the electronic verification service ；

　　（2）the name of the certificate holder；

　　（3）the serial number of the certificate；

　　（4）the term of validity for the certificate；

　　（5）the validation data of the electronic signature of the certificate holder；

　　（6）the electronic signature of the electronic verification service； and

　　（7）other items prescribed by the department in charge of the information industry under the State Council.

　　Article 22 An electronic verification service shall guarantee that the items is the certificate of and electronic signature are complete and accurate within the term of its validity， and guarantee the party relying on the electronic signature the ability t prove or to know the items stated in the certificate of the electronic signature and other relevant matters.

　　Article 23 If an electronic verification service intends to suspend or terminate the service， it shall， 90 days prior to the suspension or termination of service， notify the parties concerned of how to get continued services and of other relevant matters.

　　If an electronic verification service intends to suspend or terminate the service， it shall report to the department in charge of the information industry under the State Council 60 days prior to the suspension or termination of service， and shall make proper arrangements by negotiating with other electronic verification services on how carry on its business.

　　If an electronic verification service fails to reach an agreement with other electronic verification services on matters of how to carry on its business， it shall apply to the department in charge of the information industry under the State Council for arranging other electronic verification services to carry on its business.

　　If the license of electronic verification of an electronic verification service is revoked according to law， its business shall be carried on in accordance with the regulations of the department in charge of the information industry under the State Council.

　　Article 24 An electronic verification service shall have the information relating to verification well preserved. The time limit for preservation of such information shall at least be five years after the certificate of the electronic signature ceases be valid.

　　Article 25 The department in charge of the information industry under the State Council shall， in accordance with this Law， formulate the specific measures for administration of the electronic verification services and exercise supervision over the electronic verification services according to law.

　　Article 26 Upon examination and approval by the department in charge of the information industry under the State Council on the basis of relevant agreements or the principle of reciprocity， the certificates of electronic signatures issued by overseas electronic verification services outside of the territory of the people's Republic of China shall have equal legal force with the one issued by the electronic verification services established in accordance with this Law.

　　Chapter Ⅳ

　　Legal Responsibility

　　Article 27 An electronic signatory who， having learnt that the creation data of his electronic signature have got lost or might have got lost， fails to notify in time the parties concerned of fact and to terminate the use of the same， who fails to provide the electronic verification service with truthful， complete and accurate information， or who makes other errors， thus causing losses to the party relying on the electronic signature and to the electronic verification service， shall bear the responsibility for compensation.

　　Article 28 Where an electronic signatory or the party relying on the electronic signature suffers losses due to engaging in civil activities on the basis of the electronic signature verified by an electronic verification service， and if the electronic verification service fails to prove that it is free from fault， the service shall bear the responsibility for compensation.

　　Article 29 Where a person provides electroni

c verification services without permission， the department in charge of the information industry under the State Council shall order him t desist from illegal act； the unlawful gains， if any， shall be confiscated； if such gains exceed RMB 300，000 Yuan， a fine of not less than one time but not more than three times the unlawful gains shall be imposed； and if there are no unlawful gains or the amount f such gains is less than 300， 000Yuan， a fine of not less than 100， 000 Yuan but not more than 300， 000 Yuan shall be imposed.

　　Article 30 Where an electronic verification service that intends to suspend or terminate electronic verification services fails to report to the department in charge of the information industry under the State Council 60 days prior to the suspension or termination of service， the said department shall impose a fine of not than 10，000 Yuan but not more than 50，000 Yuan on the person who is directly in charge of the service.

　　Article 31 Where an electronic verification service fails to observe the rules for verification， fails to have the information relating to verification well preserved， or commits other illegal acts， the department in charge of the information industry under the State Council shall order it to rectify within a time limit； if it fails to comply at the expiration of the time limit， its electronic verification license shall be revoked， and the persons who are directly in charge of the service and the other persons who are directly responsible shall be prohibited from engaging in electronic verification service within the period of 10 years. If an electronic verification license is revoked， the fact shall be made known to the public and the administrative department for industry and commerce shall be informed of the same.

　　Article 32 Where a person counterfeits， copies or usurps the electronic signature of another person's which constitutes a crime， his criminal responsibility shall be investigated according to law； and if losses are caused to another person， he shall bear civil responsibility according to law.

　　Article 33 Where a staff member of the department in charge of supervision and administration over the electronic verification industry in accordance with license and exercising supervision and administration according to law， he shall be given and administrative sanction according to law； and if a crime is constituted， he shall be investigated for the criminal responsibility according to law.

　　Chapter Ⅴ

　　Supplementary Provisions

　　Article 34 The meanings of the following terms used in this law are：

　　（1）the electronic signatory means a person who holds the creation data of an electronic signature and produces the electronic signature either in person or on behalf of the person he represents；

　　（2）the relying party on the electronic signature means the person who engages in relevant activities on the basis of his trust in the certificate of the electronic signature or the electronic signature；

　　（3）the certificate of the electronic signature means a data message or other electronic records that can prove the connection between the electronic signatory and the creation data of the electronic signature；

　　（4） the creation data of an electronic signature means such data as the characters and codes that are used in the course of the electronic signature and that reliably connects the electronic signature with the electronic signatory； and

　　（5）the validation data of and electronic signature means the data used for verifying the electr

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