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E-Business Law in China. By Chris Hartnett. Signatures in China. Function of a signature is to provide evidence of Identity of the signatory That the signatory adopts the contents of the document Only acceptable forms are handwritten signature and seal. Current Signature Law.
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E-Business Law in China By Chris Hartnett
Signatures in China • Function of a signature is to provide evidence of • Identity of the signatory • That the signatory adopts the contents of the document • Only acceptable forms are handwritten signature and seal
Current Signature Law • data in electronic form contained in or attached to a data message and that is used to identify the signatory and indicate his endorsement of the contents of such document • Emphasizes the function, not form
Cont. • Once parties decide to use electronic signatures, the validity cannot be challenged • Person is responsible for their own signature
Reliable Electronic Signatures (RES) • Stricter rules governing creation of RES • Controlled only by the signatory • Any change to the signature can be noticed • Issued by a government office (ECSP) • RES recognized worldwide
Strengths of the Act • Technology neutral • Clearly defined terms • Clear on when a contract ends and begins
Weaknesses of the Act • No valid rules on RES identification • Liability with electronic signatures
How to Prevent your RES from Being Stolen • Keep your RES in a secure location • Password protect files • Use wired keyboards • Store your RES on portable hard drives