In this Article, ED or EC refers to a contract concluded in the form of a file in accordance with Article 11 of the Contract Law of the People's Republic of China. As for the communication of data, in addition to the definition provided in Article 2 of the E-signature Law as stated above, Article 11 of the Contract Law also sets out five forms of information data as examples, namely, telegram, telex, fax, data exchange and electronic mail.
According to Article 11 of the Law on Contracts, a contract drawn up in the form of a file is a written document, as if it were concluded in printed form. This means that the "contract law" recognizes the formal validity of e-contracts. Articles 4-8 of the "E-signature Law" specify the criteria for the authenticity of a file. Articles 13 and 14 of the same law define the requirements and validity of a reliable ES, providing a legal basis for using ES to sign ED.
The criteria for file authenticity are mainly set out in Articles four to egypt telegram number database eight of the E-signature Law, which can be generally summarized as “readable, storable, identifiable and authentic” data.
Is it possible to verify the authenticity of the electronic signature?
The E-signature Law prescribes the criteria for the authenticity of a file in terms of its functions and effects, without establishing specific approaches and implementation steps. In other words, theoretically, there are various technical means and approaches that make information data “readable, memorable, identifiable and authentic” and thus satisfy the prescribed criteria for authenticity. The resulting file will be considered as satisfying the formal requirements of the original, established by laws and regulations. Any EC concluded in the form of such a file will be equivalent to a traditional contract on paper.
Using digital signature when signing electronic documents
In practice, when concluding e-contracts using the CP, four parties are usually involved: