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Measures for the Administration of Electronic Verification Services

0 CommentsPrint E-mail ChinaITLaw.org, January 21, 2010
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Chapter 3. Electronic Verification Services

Article 15. The electronic verification service agency shall formulate its Rules of Electronic Verification Activities in accordance with the requirements of the "Regulations and Principles of Electronic Verification Activities" promulgated by the Ministry of Information Industry. Its rules shall be released to the public prior to its provision of services of electronic verification and shall be filed with the Ministry of Information Industry.

Article 16. The electronic verification service agency shall provide electronic verification services in conformity with its released Rules of Electronic Verification Activities.

Article 17. The electronic verification service agency shall guarantee the provision of the following services:

(1) Formulation, issuance, and management of the certificates of verified electronic signatures;

(2) Confirmation of the authenticity of the issued certificates of verified electronic signatures;

(3) Services responding to inquiries concerning information on the table of contents of certificates of verified electronic signatures;

(4) Services responding to inquiries concerning information on the status of the certificates of verified electronic signatures.

Article 18. The electronic verification service agency shall bear the following responsibilities:

(1) Assuring the completeness and accurateness of the contents of the certificates of verified electronic signatures within the period of validity;

(2) Assuring that the party dependent on the electronic signatures be able to verify or understand the contents conveyed by the certificates of verified electronic signatures and other relevant items;

(3) Keeping custody of the information relevant to the electronic verification services.

Article 19. The electronic verification service agency shall establish a complete system of security management and internal auditing, and shall comply with the oversight and administration of the Ministry of Information Industry.

Article 20. The electronic verification service agency shall act in accordance with the state requirements of confidentiality and shall establish a complete system of confidentiality.

The electronic verification service agency bears liability for keeping confidential the material on the electronic signatories and the parties dependent on electronic signatures.

Article 21. Prior to its acceptance of applications for certificates of verified electronic signatures, the electronic verification service agency shall inform the applicants of the following:

(1) The conditions for using certificates of verified electronic signatures and electronic signatures;

(2) The items and rates of the service fees;

(3) The rights and liabilities of preserving and using the information on the certificate holders;

(4) The range of responsibilities of the electronic verification service agency;

(5) The range of responsibilities of the certificate holders;

(6) Other issues that need to be informed of in advance.

Article 22. After its acceptance of the application for the certificate of verified electronic signatures, the electronic verification service agency shall sign a contract with the certificate applicant and identify the rights and responsibilities of both parties.

Chapter 4. Cessation and Termination of Electronic Verification Services

Article 23. If an electronic verification service agency plans to terminate the services of electronic verification during the period of validity of its Permit for Electronic Verification Services, the agency shall report to the Ministry of Information Industry 60 days prior to the temporary discontinuation or termination of the provided services and shall in the meantime go through the procedure for revocation with the Ministry of Information Industry. The agency shall bring the documentary proof from the Ministry of Information Industry to the Administration for Industry and Commerce to register a revocation or alteration.

Article 24. If the electronic verification service agency plans to temporarily discontinue or terminate the services of electronic verification, the agency shall inform every involved party about the change in operations and other relevant issues 90 days prior to the temporary discontinuation or termination of the provided services.

If the electronic verification service agency plans to temporarily discontinue or terminate the services of electronic verification, the provider shall report to the Ministry of Information Industry 60 days prior to the temporary discontinuation or termination of the provided services, and shall negotiate with other electronic verification service agencies regarding the operational transition and shall arrange a smooth transition.

Article 25. If the electronic verification service agency does not reach agreement with the other electronic verification service agencies over the operational transition, the provider shall request that the Ministry of Information Industry assign the operational activities to other electronic verification service providers.

Article 26. If the Permit for Electronic Verification Services of an electronic verification service agency is revoked by law, arrangements for the transition of its operational activities will be made in accordance with the requirements of the Ministry of Information Industry.

Article 27. Electronic verification service agencies have the responsibility to accept the electronic verification activities of other agencies assigned by the Ministry o f Information Industry.

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