China Laws Portal - CJO

Find China's laws and official public documents in English

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

Electronic Signature Law of China (2019)

电子签名法

Type of laws Law

Issuing body Standing Committee of the National People's Congress

Promulgating date Apr 23, 2019

Effective date Apr 23, 2019

Validity status Valid

Scope of application Nationwide

Topic(s) Cyber Law/Internet Law E-commerce Commercial Law

Editor(s) Lin Haibin 林海斌 Xinzhu Li 李欣烛

The Electronic Signature Law was promulgated in 2004, and amended in 2015 and 2019 respectively. The latest revision entered into force on 23 Apr. 2019.

There are 36 articles in total. The term “electronic signature” in this Law refers to the data contained in or attached to a data message in electronic form for identifying the signer and indicating his/her approval of the content therein. A reliable electronic signature has the same legal effect as a handwritten signature or affixation of seal.

An electronic signature may be authenticated by an electronic authentication service provider, which shall obtain the approval of relevant government authorities before engaging in such business.

Electronic Signature Law of the People's Republic of China
(Adopted at the 11th Meeting of the Standing Committee of the Tenth National People's Congress on August 28, 2004;Amended for the first time in accordance with the Decision on Revising the Electric Power Law of the People's Republic of China and Other Five Laws adopted at the 14th Meeting of the Standing Committee of the Twelfth National People's Congress on April 24, 2015; amended for the second time in accordance with the Decision on Revising the Construction Law of the People's Republic of China and Other Seven Laws adopted at the 10th Meeting of the Standing Committee of the Thirteenth National People's Congress on April 23, 2019)
Contents
Chapter I General Provisions
Chapter II Data Message
Chapter III Electronic Signature and Certification
Chapter IV Legal Responsibility
Chapter V Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in order to standardize acts of electronic signature, validate the legal effect of electronic signature, and safeguard the legitimate rights and interests of the parties concerned.
Article 2 For the purposes of this Law, electronic signature means the data in the electronic form contained in and attached to a data message to be used for identifying the identity of the signatory and for showing that the signatory recognizes what is in the message.
The data message as mentioned in this Law means the information generated, dispatched, received or stored by electronic, optical, magnetic or similar means.
Article 3 The parties concerned may agree to use or not to use electronic signature or data message in such documentations as contracts and other documents, receipts and vouchers in civil activities.
The legal effect of a document, with regard to which the parties concerned have agreed to use electronic signature or data message, shall not be denied only because the form of an electronic signature or data messages is adopted.
The provisions of the preceding paragraphs shall not be applicable to the following documents:
......

For the full text in Chinese, please click the “Chn” at the top right. You can translate it with tools or in other ways as you please.
If you would like to read the full text in English provided by our team, please click Get to buy.

© 2020 Guodong Du and Meng Yu. All rights reserved. Republication or redistribution of the content, including by framing or similar means, is prohibited without the prior written consent of Guodong Du and Meng Yu.

Related posts on China Justice Observer