Question:
Can the lawyer advise us on how to verify whether the customer’s electronic signature is valid?
Response:
The verification of whether the customer’s electronic signature is valid will be conducted through the electronic contract software, in this case, the electronic contract software provided by the Electronic Contract Certification Service Provider (hereinafter referred to as "Electronic Contract Software").
Based on the documentation, the lawyer understands that the Electronic Contract Software has the function of signing contracts using electronic signatures and certifying electronic contracts.
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Signing contracts using electronic signatures
According to the documentation, the types of signatures provided by the Electronic Contract Certification Service Provider include:
- Token signature (also known as digital signature)
A digital signature, as defined in Article 3.12 of the 2023 Law on Electronic Transactions, is an electronic signature that uses asymmetric encryption, including a private key and a public key, where the private key is used to create the digital signature and the public key is used to verify the digital signature. Accordingly, the digital signature ensures the authenticity, integrity, and non-repudiation of the data message.
- EKYC signature and electronic signature
The 2023 Law on Electronic Transactions does not specifically regulate EKYC signatures and electronic signatures (in this case, signatures made using a scanned or photographed image of a handwritten signature). Therefore, the authenticity of these two types of signatures largely depends on the commitment and technical measures of the electronic contract certification technology provided by the Electronic Contract Certification Service Provider.
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Certification of electronic contracts
Pursuant to Article 3.15 of Decree 52/2013/ND-CP, the electronic contract certification service is a third-party service for the storage and assurance of the integrity of electronic documents created by the parties during the conclusion and performance of the contract.
Based on the study of the electronic contract service agreement template of the Electronic Contract Certification Service Provider, and the list of certified Electronic Contract Certification Service Providers published by the Department of E-commerce and Digital Economy – Ministry of Industry and Trade, it is understood that the company is a certified provider of Electronic Contract Certification Services.
Thus, the certification of electronic contracts in this case is carried out through the software solution of a certified Electronic Contract Certification Service Provider.
