中华人民共和国电子签名法 PRC, Electronic Signature Law

（Promulgated on 28 August 2004 and effective as of 1 April 2005.）

颁布日期：20040828 　实施日期：20050401

　　PART ONE　GENERAL PROVISIONS

　　Article 1　This Law is formulated in order to regulate electronic signatures， to establish the legal validity of electronic signatures， and to safeguard the lawful rights and interests of all relevant parties.

　　Article 2　For the purposes of this Law， the term “electronic signature” shall refer to data included in or appended to an electronic data message， in electronic form， to distinguish the signer and to indicate his consent to the contents therein.

　　For the purposes of this Law， the term “electronic data message” shall refer to information created， transmitted， received or stored by electronic， optical， magnetic or similar means.

　　Article 3　In regards to contracts or other documents or certificates in civil activities， parties may agree on the use or non-use of electronic signatures and electronic data messages.

　　Parties that agree on using electronic signatures and electronic data messages in documents may not deny the legal validity of such signatures and data messages solely on the grounds of their form.

　　The preceding provisions shall not apply to the following documents：

　　1. documents involving personal relationships such as marriage， adoption and inheritance；

　　2. documents involving the transfer of rights in immovable property such as land and buildings；

　　3. documents involving the cessation of public utility services such as the supply of water， heat， gas and electricity； and

　　4. other circumstances in which laws or administrative regulations stipulate that electronic documents are not applicable.

　　PART TWO　ELECTRONIC DATA MESSAGES

　　Article 4　Electronic data messages that are able to demonstrate the contents tangibly and that may be retrieved and accessed at any time shall be deemed as complying with the written format required by laws and regulations.

　　Article 5　Electronic data messages that meet the following criteria shall be deemed as fulfilling the requirements of laws and regulations on the form of the original text：

　　1. they are able to effectively demonstrate their contents and may be retrieved and accessed at any time； and

　　2. they are able to reliably guarantee that the contents have remained intact and have not been altered since the final formation. However， endorsements added to electronic data messages and the changes of format in the course of data exchange， storage and display shall not affect the integrity of the electronic data message.

　　Article 6　Electronic data messages that fulfil the following criteria shall be deemed as fulfilling the requirements of laws and regulations on document preservation：

　　1. they are able to effectively demonstrate their contents and be retrieved and accessed at any time；

　　2. the format of the electronic data message is the same as that at the time of its creation， transmission or receipt， or the formats are different but they are able to demonstrate accurately the content originally created， transmitted or received； and

　　3. they are able to differentiate the sender and recipient， and the time of transmission and receipt of the electronic data message.

　　Article 7　Electronic data messages shall not be rejected for use as evidence solely on the grounds that they have been created， transmitted， received or stored by electronic， optical， magnetic or similar means.

　　Article 8　The examination of the authenticity of electronic data messages used as evidence shall take into account the following factors：

　　1. the reliability of the method of creation， storage or transmission of the electronic data message；

　　2. the reliability of the method of maintaining the integrity of the content；

　　3. t

he reliability of the method used to ascertain the sender； and

　　4. other relevant factors.

　　Article 9　Electronic data messages in any of the following circumstances shall be deemed as being sent by the sender：

　　1. the transmission of the message has been authorized by the sender；

　　2. the message is automatically transmitted by the information system of the sender； or

　　3. the result is identical after the recipient has verified the message in accordance with the methods recognized by the sender.

　　If the parties have a separate agreement on the matters stipulated in the preceding paragraph， such agreement shall prevail.

　　Article 10　If it is stipulated in laws or administrative regulations or agreed between the parties that acknowledgement of receipt of the electronic data message is necessary， receipt shall be acknowledged. When the sender receives the acknowledgement of receipt from the recipient， the electronic data message shall be deemed as having been received.

　　Article 11　The time at which an electronic data message enters into an information system beyond the control of the sender shall be deemed as the time of transmission.

　　If the recipient specifies a particular system for the receipt of electronic data messages， the time at which an electronic data message enters into the specified system shall be deemed as the time of receipt of the message. If no particular system is specified， the initial time at which an electronic data message enters into any system of the recipient shall be deemed as the time of receipt of the message.

　　If the parties have a separate agreement on the time of transmission and receipt of electronic data messages， such agreement shall prevail.

　　Article 12　The principal place of operation of the sender shall be the place from which electronic data messages are transmitted. The principal place of operation of the recipient shall be the place at which electronic data messages are received. If there is no principal place of operation， the place of habitual residence shall be the place of transmission or receipt.

　　If the parties have a separate agreement on the place of transmission or receipt of electronic data messages， such agreement shall prevail.

　　PART THREE　ELECTRONIC SIGNATURES AND THE CERTIFICATION THEREOF

　　Article 13　Electronic signatures that fulfil all the following criteria shall be deemed as reliable electronic signatures：

　　1. the data for producing electronic signature belongs exclusively to the electronic signer when it is used in the electronic signature；

　　2. the data for producing electronic signature is under the sole control of the electronic signer at the time of signing；

　　3. it is possible to discover any changes to the electronic signature after signing； and

　　4. it is possible to discover any changes to the contents and format of the electronic data message after signing.

　　The parties may also choose to use electronic signatures that fulfil the reliable criteria stipulated in their agreement.

　　Article 14　A reliable electronic signature shall have the same legal validity as a hand-written signature or a seal.

　　Article 15　An electronic signer shall duly keep safe the data for producing electronic signature. If the electronic signer is aware that the data is no longer encrypted， or may no longer be encrypted， he shall inform all relevant parties in a timely manner and terminate the use of the data for producing the signature.

　　Article 16　If an electronic signature requires certification by a third party， the certification service shall be provided by an electronic certification service provider established in accordance with the law.

　　Article 17　To provide electronic certification services， the following criteria shall be fulfilled：

　　1. having professional technical and ma

nagement personnel appropriate for the provision of electronic certification services；

　　2. having the capital and business premises appropriate for the provision of electronic certification services；

　　3. having the technology and equipment that comply with the safety standards of the State；

　　4. having documentary proof from the State encryption administration authorities approving the use of encryption； and

　　5. other criteria stipulated in laws and administrative regulations.

　　Article 18　To engage in electronic certification services， an application shall be filed to the State Council department in charge of information industry， and the relevant materials that fulfil the criteria stipulated in Article 17 hereof shall be submitted. After the State Council department in charge of information industry has received the application， it shall carry out examination thereof according to law， and shall， after consulting the opinions of relevant departments such as the State Council department in charge of commerce， render a decision on whether or not to grant permission within 45 days of the date of receipt of the application. If permission is granted， an electronic certification permit shall be issued. If permission is not granted， it shall notify the applicant of the reasons therefor in writing.

　　Applicants shall， in accordance with the law， handle enterprise registration procedures with the administration for industry and commerce on the strength of the electronic certification permit.

　　Electronic certification service providers that have obtained certification qualification shall， in accordance with the regulations of the State Council department in charge of information industry， publish information such as their n

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