Information law. Legal meaning of an electronic signature (the most important)

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Information law. Legal meaning of an electronic signature (the most important)

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76. LEGAL VALUE OF ELECTRONIC SIGNATURE

Digital signature - a digital representation of information about the sender of an electronic message, created using the private key of the signature, and allowing, when using the public key of the signature, to confirm the immutability and integrity of the electronic message.

Certificate of digital signature - a document containing information about the user of the private key, issued to him by the Certification Center.

Means of digital signature - a set of software and other tools that allow creating an electronic digital signature and verifying it.

Verification of a digital signature - the actions of the recipient of an electronic message, allowing, using the means of a digital signature, to confirm the immutability and integrity of an electronic message after it has been signed with a digital signature.

A digital signature is an analogue of a handwritten signature and is used to confirm the immutability and integrity of electronic messages, as well as to identify their senders.

An electronic message signed with a digital signature is recognized documented information (document) in the presence of all other details that allow it to be identified.

The Digital Signature Certificate is issued by the Certification Center to the user of the private key upon receipt from him of the public key and information to be included in the Certificate.

The validity period of the Digital Signature Certificate is determined by the agreement between the user of the private key and the Certification Authority and cannot be less than 3 years.

The Digital Signature Certificate issued outside the Russian Federation is equated to the Certificates issued in accordance with the law, provided that the legality of the activities of the organization that performs the functions of the Certification Authority and issued the Digital Signature Certificate is confirmed in accordance with the legislation of the country of its location, and the presence in the Certificate of the digital signature of the mandatory attributes provided for by law.

The exchange of electronic messages signed with digital signatures and expressing the content of a civil law transaction is recognized as the conclusion of an agreement in writing.

A person who has received an electronic message signed with an electronic signature has the right to apply to the Certification Authority to verify the digital signature, or independently carry out verification by receiving the public key from the sender of the message or the Certification Authority.

Persons, misusing digital signature of another person and other persons guilty of violating the legislation on the use of digital signatures bear civil, administrative and criminal liability in the manner prescribed by the legislation of the Russian Federation.

Disputes between persons participating in relations related to the use of an electronic digital signature are resolved in the manner prescribed by the legislation of the Russian Federation, taking into account the terms of contracts between such persons.

Author: Yakubenko N.O.

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