United Nations Commission on Trade Law March 23, 2001
12 "Electronic Signature Model Law" adopted by the International Trade Law Committee. content include:
1. Use the range. Article 1 stipulates that the use of electronic signatures in the process of business activities is not over to protect any legal rules that protect consumers.
2. Definition. Article 2 Defines "Electronic Signature", which refers to data contained in the data text, which is included, or logically with the data text, which can be used to identify the signatory and indicate this. People recognize the information contained in the data text. Article 2 shows the definitions of participating in electronic signature events (signature, verification service providers and dependent party). "Signer" means a person who holds an electronically generated data and acts in the name of the person or the name it represents; "Verification Service Providers" is donating a certificate or provides people with other services related to electronic signature. "Related party" means people who can act according to the certificate or e-mail.
3. The equal treatment of signature technology. Article 3 This proposes that the "Model Law" is not excluded, restricted or deprived of the legal effects of any method that meets the requirements of the requirements or the applicable legal requirements to meet the requirements of this Law.
4. Explain. Article 4 stipulates that when an interpretation of the Electronic Signing Model Law, its international origin and the need to promote its uniform use and compliance with integrity in e-commerce. For issues that are jurisdiction from this Law, it is not clearly shown in this Law, which is resolved in accordance with the general principles basis according to this Law.
5. Changes to the protocol. Article 5 stipulates that the Model Law can be dedupted or changed via an agreement.
6. Equivalence requirements. Article 6 is the core terms in the Model Law. It is based on Article 7 of the E-Commerce Model Law and provides guidance to meet reliability testing in Article 7. Article 6 describes the requirements of electronic signature: When the law requires someone's signature, if you are based on a variety of situations, including any relevant protocol, use electronic signwords that are suitable for generating or transmitting data essays, and Also reliable, the signature requirements are met for this data message. At the same time, the electronic signature is specified as a reliable electronic signature: (1) Signature generation data is within the scope of its use and the signature instead of anyone is associated with anyone; (2) Signature generation data is signed when signing People are still in the control of anyone else; (3) Any tampering of the signature after signing can be aware; (4) If the signature of the legal requirements are to provide guarantees for the integrity of the information involved in the signature Any tampering of this information can be aware of any tampering after signing.
7. Satisfaction of Article 6. Article 7 stipulates that any supervisor, public or private organs or institutions designated by the promulgation may determine which electronic signs meet the provisions of Article 6; any decision made should be consistent with the recognized international standards; It does not affect the application of the international private law rules.
8. Signature behavior. Article 8 stipulates that if the signature generated data can be used to generate a legally valid signature, each signature should be: (1) Take reasonable preventive measures to avoid others who use their signature generation data; (2) sign people know Signature generation data has been lost; or the case of signing people can cause a big risk that the signature generated data may have disabled; there is no inappropriate delay, and the signator is reasonably expected to rely on electronic sign or provide electronic signing assistance services. Any person issued a notice; (3) Take reasonable cautious measures when using the certificate to support electronic signatures, ensure that the signature's entire cycle or needs to include all major expressions within the certificate are accurate and complete.
9. The behavior of the service provider. Article 9 stipulates that if the verification service provider provides services to prove that the use of legally validated electronic signs, the verification service provider should be: (1) according to the policy and practice of its policies The expression is active; (2) Take reasonable cautious measures to ensure that the entire cycle of certificates or needs to be included in the certificate in the certificate, it is accurately incorrect and complete; (3) Provide reasonable means to make Related party can be affected by the identity of the certificate authority, the signature indicated in the certificate is issued to the signature generated data when issuing a certificate. When the certificate is issued, or the previous signature generated data is valid; (4) Provide reasonable Available means, enabling the dependency to identify the method of identifying the signature or otherwise in appropriate cases to identify the signature or use of the signed data or certificate, the signature data is valid and not Disposal, any restrictions on the scope or extent of the scope or extent of the responsibility for the service provider, whether there is a signatory in accordance with Article 8, provides a timely revocation service; (5) ensures a timely revocation service; (6) Use the trusted system, program, and human resources. 10. Trustable. Article 10 stipulates that the following factors should be paid to the following factors when determining any system, procedures and human resources useful for verification service providers and how to trust:
(1) Financial and human resources, including whether there is asset; (2) Quality of hardware and software systems; (3) the process of handling procedures and records for their application; (4) Signing to the certificate People and potential rely on information; (5) The scope of auditing and auditing of the independent institution; (6) Country, identification agency or verification service provider has the above conditional compliance or whether the above conditions exist Disclaimer; (7) Other related factors.
11. Related party behavior. Article 11 stipulates that the rely on the legal consequences of its failure to be undertaken:
(1) Take a reasonable step to verify the reliability of the electronic signature; (2) take reasonable steps when there is a certificate certificate; (3) Validity or revoke the certificate of the certificate; (4) Compliance Any restrictions on the certificate.
