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E-Business Law in China

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

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  1. E-Business Law in China By Chris Hartnett

  2. 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

  3. 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

  4. Cont. • Once parties decide to use electronic signatures, the validity cannot be challenged • Person is responsible for their own signature

  5. 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

  6. Strengths of the Act • Technology neutral • Clearly defined terms • Clear on when a contract ends and begins

  7. Weaknesses of the Act • No valid rules on RES identification • Liability with electronic signatures

  8. 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

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