The Electronic Signature Law of the People’s Republic of China (hereinafter referred to as the “Electronic Signature Law”) is a law enacted to regulate electronic signature behavior, establish the legal effect of electronic signatures, and safeguard the legitimate rights and interests of relevant parties. The law was reviewed and adopted at the 11th meeting of the Standing Committee of the Tenth National People’s Congress on August 28, 2004, and officially came into effect on April 1, 2005. The current version is the version reviewed and amended by the Standing Committee of the Thirteenth National People’s Congress on April 23, 2019. Electronic signature refers to the data contained or attached in electronic form in a data message for identifying the identity of the signer and indicating that the signer approves the content. The law stipulates that the legal effect of a document in which the parties agree to use electronic signatures or data messages shall not be denied solely because it is in the form of electronic signatures or data messages.
The Electronic Signature Law is considered to be “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 been in full swing in countries around the world. Some countries have promulgated e-commerce laws or transaction laws, some countries have promulgated electronic signature or digital signature laws, and some countries have used both legislative methods.
Since the implementation of this law, electronic signatures have the same legal effect as traditional handwritten signatures and seals. The “Electronic Signature Law” is an important step for my country to promote the development of e-commerce and remove obstacles to the development of e-commerce. Although public opinion generally believes that the “Electronic Signature Law” will greatly promote the rapid development of e-commerce in my country, in the face of “roadblocks” such as network transaction security and relevant legal connections, relevant experts believe that at this stage, the “Electronic Signature Law” has more symbolic significance than practical significance.