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  Article 9 Any of the following data messages shall be deemed to be dispatched by the addresser: (来源:EnglishCN英语问答中心[e问e答])

  (1)the data message is dispatched with authorization of the addresser;

  (2)the data message is dispatched automatically by the information system of the addresser; and

  (3)verification of the data message made by the receiver in accordance with the method recognized by the addresser proves that the message is identical with the one dispatched.

  If the parties concerned have agreed otherwise with regard to the matters specified in the preceding paragraph, such agreement shall be complied with.

  Article 10 If confirmation of receipt of a data message is required pursuant to the provisions of laws and administrative regulations or the agreement reached between the parties concerned, such receipt shall be confirmed. When the addresser receives the confirmation of the receipt sent by the receiver, the data message shall be deemed to have been received.

  Article 11 The time when a data message enters into a certain information system beyond the control of the addresser shall be deemed to be the time when the message is dispatched.

  If a receiver designates a special system for receipt of a data message, the time when the message enters into the system as designated shall be deemed to be time when the said message is received; and if no special system is designated, the first time when the data message enters into any systems of the receiver's shall be deemed to be the time when the message is received.

  If the parties concerned have agreed otherwise on the time of dispatch or the time receipt of data messages, such agreement shall be complied with.

  Article 12 The principal business place of an addresser shall be the place of dispatch of data messages, and the principal business place of a receiver shall be the place of receipt of data messages. If there are no principal business places, their habitual residences shall be the places of dispatch or receipt.

  If the parties concerned have agreed otherwise on the place of dispatch or the place of receipt of data messages, such agreement shall be complied with.

  Chapter Ⅲ

  Electronic Signature and Certification

  Article 13 If an electronic signature concurrently meets the following condition, if shall be deemed as a reliable electronic signature:

  (1)when the creation data of the electronic signature are used for electronic signature, it exclusively belongs to an electronic signatory;

  (2)when the signature is entered, its creation data are controlled only by the electronic signatory;

  (3)after the signature is entered, any alteration made to the electronic signature can be detected; and

  (4)after the signature is entered, any alteration made to the contents and form of a data message can be detected.

  The parties concerned may also choose to use the electronic signatures which meet the conditions of reliability they have agreed to.

  Article 14 A reliable electronic signature shall have equal legal force with handwritten signature or the seal.

  Article 15 An electronic signatory shall have the creation data of his electronic signature well preserved. When an electronic signatory learns that the creation data of his electronic signature have got lost or may have got lost, he shall make it known to all the parties concerned in time, and terminate the use of such data.

  Article 16 If an electronic signature needs to be verified by a third party, the electronic verification service established according to law shall provide such service.

  Article 17 An electronic verification service shall meet the following conditions;

  (1)having the professional technicians and managerial personnel suited for provision of electronic verification services;

  (2)having the funds and business places suited for provision of electronic verification services;

  (3)having the technology and equipment complying with the safety standards of the State;

  (4)having the certificates for the use of the codes approved by the code control institution of the State; and

  (5)other conditions prescribed by laws and administrative regulations.

  Article 18 A person that intends to engage in electronic verification service shall make an application to the department in charge of the information industry under the State Council and submits the materials proving fulfillment of the conditions as specified by Article 17 of this law. Upon receiving the application, the department in charge of the information industry under the State Council shall examine it according to law and consult with the department in charge of commerce and other relevant departments under the State Council, before making a decision on whether to grant of deny approval within 45 days from the date it receives the application. If it grants approval, it shall inform the applicant in writing of the fact and of reasons why.

 
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