OmniDocQuery the full text and various provisions of the Electronic Signature Law
Organize the search method for the full text of the Electronic Signature Law, explain what Articles 2, 3, 13, 14 and 25 respectively provide, and remind you how to confirm the current valid version. It is suitable for readers who need to check article numbers. The content is for reference only and does not constitute legal advice.
Key points of this article
- To check the full text of the Electronic Signature Law, the official text published by the Standing Committee of the National People's Congress should be used as the standard, and the date of promulgation and implementation should be checked.
- Article 2 defines electronic signatories, electronic signatures and data messages and is the starting point for understanding the entire law.
- Article 3 allows parties to agree to use electronic signatures, but this does not apply to personal relationship documents and public utility services.
- Article 13 lists four conditions for a reliable electronic signature, including proprietary, controlled, and detectable changes after signature.
- The provision number may change with revisions, and the legal version and enforcement date should be stated when quoting.
The full text of the Electronic Signature Law is a text that many people will look up when signing contracts, leaving business records, or preparing materials. Common questions when searching include: where to find the complete article, what exactly is written in Article 13, what does Article 3 and Article 25 respectively control, and whether the version circulating on the Internet is still valid. The answers to these questions usually go back to the legal text itself.
This article is written for readers who need to check the provisions. After reading this, you should be able to determine whether the full text of the Electronic Signature Law in your hand is an official text, know what several frequently quoted provisions are about, and master the basic steps for finding and checking provisions. What is compiled here is the main content of the provisions and how to read them, not a judgment on specific cases. If contract validity or litigation is involved, professional lawyers should be consulted.
Where can I check the full text of the Electronic Signature Law? One sentence conclusion
The official text published by the Standing Committee of the National People's Congress shall prevail. The full text reproduced online can only be used as supplementary reading. Article numbers and expressions will change with revisions, so please confirm the version before quoting.
| your situation | Recommended practices | reason |
|---|---|---|
| Just want to read the full text | Download the current text from the official legal database or the official website of the National People’s Congress Standing Committee | The number and wording of the official text are reliable |
| To quote a certain item in an article or document | Indicate the legal name, article number and date of promulgation or revision. | The provision numbers may be different in different versions |
| Found that the online version is inconsistent with your impression | Compare it with the official text article by article and check whether there are any revision decisions | The reproduced text may be an old version or may contain missing characters. |
| To determine whether a specific contract or signature is valid | Use the provisions as a reference and consult a lawyer based on the facts | Judgment of effectiveness depends on specific circumstances, and the provisions themselves cannot replace opinions. |
Several key concepts of electronic signature law
The Electronic Signature Law mainly addresses two things: first, how documents signed in electronic form are viewed legally; second, what kind of electronic signature can be considered reliable. Understanding these two points is more useful than memorizing the provisions word for word.
Article 2: Read the definition clearly first
Article 2 defines several core concepts. An electronic signer is a person who holds electronic signature creation data and performs electronic signature in the name of himself or the person he represents. An electronic signature is data contained in and attached to a data message in electronic form, used to identify the signer and indicate that the signer recognizes the content. Data messages refer to information generated, sent, received or stored by electronic, optical, magnetic or similar means.
Many disputes start with definitions. To determine whether a certain practice is an "electronic signature", first check whether it can identify the signer and indicate that the signer approves the content.
Article 3: Agreed use, but there are exceptions
Article 3 stipulates that in contracts or other documents, documents and other documents in civil activities, the parties may agree to use or not use electronic signatures and data messages. If the parties have agreed to use it, its legal effect cannot be denied simply because it is in electronic form.
The same article also lists inapplicable situations, including documents involving personal relationships such as marriage, adoption, inheritance, etc., as well as documents involving the cessation of water supply, heating, gas supply, power supply and other public utility services, as well as other situations where laws and administrative regulations stipulate that electronic documents are not applicable. When reading this, pay attention to the premise of "agreement" and the list of exceptions.
Article 13: Four conditions for reliable electronic signatures
Article 13 stipulates the conditions for reliable electronic signatures, which can usually be summarized into four points:
- When the electronic signature production data is used for signature, it is exclusive to the electronic signer.
- When signing, the electronic signature production data is controlled only by the electronic signer.
- Any changes to the electronic signature can be discovered after signing.
- After signing, any changes to the content and form of the data message can be discovered.
These four items are often used to determine whether an electronic signature is "reliable". They talk about the binding of the signature and the signer, as well as the ability to prevent modification after signing, not the function list of a certain software.
Article 14 and 25: Validity and Certification
Article 14 stipulates that a reliable electronic signature has the same legal effect as a handwritten signature or seal. This sentence is the starting point for understanding the entire law, but the prerequisite is still that the conditions of Article 13 are met.
Article 25 involves third-party certification. According to its provisions, if an electronic signature requires third-party certification, the electronic certification service provider established in accordance with the law shall provide certification services. Whether third-party certification is required depends on specific legal requirements and business scenarios.
Common misunderstanding: Some people think that "as long as an electronic signature is used, it must be valid", or "as long as it is not a reliable electronic signature, it is invalid". Neither understanding is accurate. Article 3 allows the parties to agree on the use, and Article 14 equates reliable electronic signatures with handwritten signatures. There are also specific conditions and exceptions that need to be compared one by one.
📊 Core comparison
| Comparative item | General electronic signature | Reliable electronic signature |
|---|---|---|
| Judgment criteria | Be able to identify the signer and indicate the content of approval (Article 2) | Meet the four conditions of Article 13 at the same time |
| legal effect | Validity cannot be denied merely because it is in electronic form (Article 3) | Has the same effect as a handwritten signature or seal (Article 14) |
| focus | Is there an agreement and is it an exception? | Signature exclusivity, control, and whether changes can be discovered |
| Is it possible to require third-party certification? | Subject to specific legal requirements | Depending on the specific legal requirements, please refer to Article 25 |
How to use it in practice: Steps to check a clause
- Confirm version: Find the current text in the official legal database or the official website of the National People's Congress Standing Committee, and note the date of publication, revision date and implementation date.
- Locate Articles: Search by article number, such as Article 13, and read the preceding and following articles in full to avoid just reading a single sentence.
- Check definitions: When you encounter words such as "electronic signature" and "reliable", go back to Articles 2 and 13 to check the meaning.
- Check Exceptions: For documents involving personal relationships or public utilities, first check the list of exceptions in Article 3.
- Record source: When quoting, state "Article 1 of the Electronic Signature Law of the People's Republic of China, revised in a year" to facilitate review by others.
If you want the other party to sign a PDF online, you can first read the above provisions, then initiate a signing request in the sign function of OmniDoc, and send the document to the other party to sign online. Initiating a request is just an operational step. Whether the document meets certain legal requirements still needs to be judged based on the specific circumstances.
🎯 Which method is suitable for you?
- Students or General Readers: Read the full official text, focusing on Articles 2, 3 and 13, and establish the basic framework.
- Those who write materials or make citations: Take the official text as the standard, check the article number and expression one by one, and indicate the version.
- Business leader or person who needs to leave traces: Use the provisions as a reference for internal processes, and ask legal counsel or lawyers to review them when validity issues are involved.
❓ Frequently Asked Questions (FAQ)
1. Can the full text of the Electronic Signature Law found online be quoted directly?
It is recommended to check with the official text first. The reprinted text may be an old version, or may contain missing words or formatting errors. When citing officially, the officially released text shall prevail.
2. Which of the 13 articles of the Electronic Signature Law are and what do they cover?
Article 13 stipulates four conditions for a reliable electronic signature, including that the signature production data is proprietary, that it is controlled by the signer at the time of signing, and that changes to the signature and content after signing can be discovered.
3. What is the difference between Article 13 and Article 14?
Article 13 talks about the conditions that need to be met for "reliability", and Article 14 talks about the fact that a reliable electronic signature has the same effect as a handwritten signature or seal. The two need to be looked at together.
4. Does Article 3 mean that all documents can be signed electronically?
no. Article 3 is based on the agreement between the parties, and lists the circumstances in which personal relationship documents, public utility services, etc. are not applicable. Whether a specific document is applicable should be judged according to the provisions.
5. Will the provisions change? what do I do?
The law may be revised and the article numbers and expressions may change accordingly. Please confirm the current version before quoting, and indicate the version and date in the text.
📝 Summary
To check the full text of the Electronic Signature Law, the key is to find the official text, confirm the version, and then check it one by one according to the article number. Articles 2, 3, 13, 14 and 25 are frequently quoted parts, and understanding their relationship is more useful than memorizing the articles. The content of the provisions is for reference only. Please consult a professional lawyer for specific validity issues.
