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

ames and permit number on the internet.

　　Article 19　Electronic certification service providers shall formulate and publish the business rules for electronic certification that comply with the relevant State regulations， and shall report the same to the State Council department in charge of information industry for record filing.

　　Business rules for electronic certification shall include items such as the scope of liability， business operational standards， and measures for safeguarding information security.

　　Article 20　Where an electronic signer applies to an electronic certification service provider for an electronic signature certification certificate， he shall provide true， complete and accurate information.

　　After an electronic certification service provider receives an application for electronic signature certification certificate， it shall inspect the identity of the applicant and examine the relevant materials.

　　Article 21　Electronic signature certification certificates issued by electronic certification service providers shall be accurate and error-free， and shall contain the following particulars：

　　1. the name of the electronic certification service provider；

　　2. the name of the certificate holder；

　　3. the serial number of the certificate；

　　4. the term of validity of the certificate；

　　5. electronic signature verification data of the certificate holder；

　　6. electronic signature of the electronic certification service provider； and

　　7. other information stipulated by the State Council department in charge of information industry.

　　Article 22　Electronic certification service providers shall ensure that the contents of the electronic signature certification certificates are complete and accurate during the term of validity， and shall ensure that the parties reliant on the electronic signature are able to prove or understand the contents of the electronic signature certification certificates and other relevant matters.

　　Article 23　Where an electronic certification service provider intends to suspend or terminate electronic certific

ation services， it shall notify all relevant parties of the handover of business and other related issues 90 days prior to the suspension or termination of services.

　　Where an electronic certification service provider intends to suspend or terminate electronic certification services， it shall notify the State Council department in charge of information industry 60 days prior to the suspension or termination of services， and shall consult with other electronic certification service providers on the handover of business and make appropriate arrangements.

　　If an electronic certification service provider is unable to reach an agreement on the handover of business with another electronic certification service provider， it shall apply to the State Council department in charge of information industry for arranging another electronic certification service provider to take over its business.

　　If the electronic certification permit of an electronic certification service provider is revoked in accordance with the law， the handover of its business shall be handled in accordance with the provisions of the State Council department in charge of information industry.

　　Article 24　Electronic certification service providers shall duly keep safe information related to certification. The period of safekeeping of information shall be at least five years after the expiry of the electronic signature certification certificate.

　　Article 25　The State Council department in charge of information industry shall， in accordance with this Law， formulate specific procedures for the administration of the electronic certification service industry and implement regulation of electronic certification service providers in accordance with the law.

　　Article 26　After verification and approval by the State Council department in charge of information industry in accordance with the relevant agreements or on the basis of the principle of reciprocity， electronic signature certification certificates issued outside China by electronic certification service providers outside China shall have the same legal validity as those issued by electronic certification service providers established in accordance with this Law.

　　PART FOUR　LEGAL LIABILITY

　　Article 27　Where an electronic signer that is aware that the data for producing electronic signature is no longer encrypted or may no longer be encrypted fails to notify all relevant parties in a timely manner or terminate the use of the data for producing electronic signature， fails to provide true， complete and accurate information to the electronic certification service provider， or commits other faults， thereby causing losses to the parties reliant on the electronic signature and the electronic certification service provider， he shall bear the liability for compensation.

　　Article 28　If an electronic signer or a party reliant on an electronic signature incurs losses as a result of using electronic certification services offered by an electronic certification service provider in the course of civil activities， and the electronic certification service provider is unable to prove that it is not at fault， such provider shall bear the liability for compensation.

　　Article 29　In case of provision of electronic certification services without permit， the State Council department in charge of information industry shall order cessation of the illegal act. If there is illegal income， the illegal income shall be confiscated. If the illegal income is Rmb 300，000 or above， a fine of not less than one time and not more than three times the illegal income shall be imposed. If there is no illegal income or if the illegal income is less than Rmb 300，000， a fine of not less than Rmb 100，000 and not more than Rmb 300，000 shall be imposed.

　　Article 30　If an electronic certification service provider that suspends or terminates electronic certification servic

es fails to report to the State Council department in charge of information industry 60 days prior to the suspension or termination of services， the State Council department in charge of information industry shall impose a fine of not less than Rmb 10，000 and not more than Rmb 50，000 on the personnel directly in charge.

　　Article 31　If an electronic certification service providers fails to abide by the certification business rules， fails to duly keep safe information related to certification， or commits other illegal acts， the State Council department in charge of information industry shall order rectification within a stipulated time period. If it fails to carry out rectification within the stipulated time period， its electronic certification permit shall be revoked， and its personnel directly in charge and other directly responsible personnel may not engage in electronic certification services for 10 years. Revocation of electronic certification permits shall be publicly announced and reported to the administration for industry and commerce.

　　Article 32　If the forgery， use without authorization or theft of another‘s electronic signature constitutes a criminal offence， criminal liability shall be pursued in accordance with the law. If the loss of another party is caused thereby， the perpetrator shall bear civil liability in accordance with the law.

　　Article 33　If the personnel of departments that are responsible for the regulation of the electronic certification service industry in accordance with this Law fail to perform the duties of administrative licensing or regulation in accordance with the law， they shall be subject to administrative penalty. Where the act constitutes a criminal offence， criminal liability shall be pursued in accordance with the law.

　　PART FIVE　SUPPLEMENTARY PROVISIONS

　　Article 34　For the purposes of this Law， the following terms have the meanings set forth below：

　　1. the term “electronic signer” shall mean a signer that holds the data for producing electronic signature and applies the electronic signature in his own capacity or in the name of the person he represents；

　　2. the term “parties reliant on the electronic signature” shall mean the parties conducting relevant activities in reliance on an electronic signature certification certificate or an electronic signature；

　　3. the term “electronic signature certification certificate” shall mean an electronic data message or other electronic records that are able to prove a connection between the electronic signer and the data for producing electronic signature；

　　4. the term “data for producing electronic signature” shall mean such data as symbols and codes used in the process of signing electronically that reliably connects the electronic signature and the electronic signer； and

　　5. the term “electronic signature verification data” shall mean the data used for the verification of electronic signatures， such as codes， commands， arithmetic methods or public keys.

　　Article 35　The State Council or the authorities designated by the State Council may formulate specific procedures for the use of electronic signatures and electronic data messages in governmental and other social activities according to this Law.

　　Article 36　This Law shall be implemented as of 1 April 2005

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