In-depth analysis of the legal implications and practical impact of the “Electronic Signature Law of the People’s Republic of China”

The “Electronic Signature Law of the People’s Republic of China” (hereinafter referred to as the “Electronic Signature Law”) is an important law in China that regulates electronic signature behavior. It aims to establish the legal effect of electronic signatures and safeguard the legitimate rights and interests of relevant parties. This law has been officially implemented since April 1, 2005, and the latest version has been reviewed and revised by the Standing Committee of the 13th National People’s Congress and has come into effect on April 23, 2019. Under the traditional legal framework, an electronic signature is defined as an electronic identification contained in or attached to a data message, which can be used to identify the signer and indicate his/her approval of the content.

The law is clear that if the parties agree to use electronic signatures and data messages for documents, their legal effect shall not be negated because they are in electronic form. This provision makes electronic signatures have the same legal status as traditional handwritten signatures and seals. In addition, the “Electronic Signature Law” is regarded as “China’s first truly information-based (e-commerce) law.” Since the United Nations promulgated the “Model Law on Electronic Commerce” in 1996, e-commerce legislation has gradually developed around the world, and countries have adopted different methods. For example, some countries have promulgated special e-commerce laws or transaction laws, while others have issued specific electronic signature or digital signature laws.

Although public opinion generally expects that the “Electronic Signature Law” will greatly promote the rapid development of China’s e-commerce, hampered by issues such as online transaction security and related legal convergence, experts point out that the current landmark significance of the law may be greater than its substantial impact. Therefore, the implementation of the law not only paves the way for the development of e-commerce, but also exposes the challenges and complexities of legal application in the online environment.