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ARTICLE · 23 JUNE 2004

China Legal Briefing - April 12– May 21

A collection of Chinese law related news gathered from various media and news services, edited by Wenger Vieli Belser.

ChinaFinance and Banking
Dieter DeSmet
Dieter DeSmet

National

[Subject] Contract

[Source]

www.law-star.com

It is reported that the drafting of the Law on Digital Signatures has been completed by State Council, which adopted the text on 24 March 2004 and forwarded it on 2 April 2004 to the Standing Committee of National People’s Congress for debate.

The draft addresses four issues: (1) The legal effect of a digital signature: the draft lays down rules to decide under what circumstances the digital signature has the same legal effect as a handwritten signature and/ or seal. (2) Electronic documents: this section deals with three aspects. First, the circumstances under which electronic documents are legally effective; secondly, the circumstances under which electronic documents may be introduced as evidence; thirdly, the criteria for determining the sender, sending time and sending place of electronic documents. (3) Market access to digital certification services. (4) Security safeguards for digital signature.

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