Electronic seal is a form of electronic signature, electronic signature refers to the identity based on trusted cryptography technology, the seal represented by electronic data graphics, usually only used to sign electronic documents, its content includes electronic signature graphics, signature information and trust certificates.
To put it simply, an electronic seal is not only an electronic seal graphic, but also includes trust certificates, digital certificates, and subject identity information.
To determine the legal validity of electronic seals, the following aspects need to be considered:
Legitimacy of the electronic seal: whether the electronic seal has been legally authorized and registered, and whether it has valid credentials recognized by law.
Integrity of the electronic seal: whether the electronic seal has been tampered with, forged or fraudulently used, and whether it is consistent with the original seal.
Validity of electronic signature: whether the electronic signature complies with the law, whether it is reliable and authentic, and whether it can prove the identity and will of the signatory.
Relevance of the electronic seal to the contract: whether the electronic seal is related to the signed contract and whether it can prove the signatory's approval of the contract content.
According to the law, an electronic signature is considered a reliable electronic signature if it meets the following conditions at the same time:
When the electronic signature creation data is used for electronic signatures, it is the exclusive property of the electronic signer;
At the time of signing, the electronic signature creation data is controlled only by the electronic signer;
Any changes to the electronic signature after signing can be detected;
Any changes to the content and form of the data message after signing can be detected.
Therefore, in order to determine the legal validity of an electronic seal, it is necessary to ensure that the electronic signature meets the above conditions and that the electronic seal itself has legitimacy and integrity. At the same time, it is also necessary to review the relevance of the electronic seal to the contract to ensure that the signed contract has legal effect.
It should be noted that there may be differences in the legal provisions of different countries and regions, so in practice, it is necessary to make a determination in conjunction with local legal provisions.