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安全性是电子商务活动首要考虑的因素,基于数字证书的网上支付平台能有效保障交易安全,但电子认证机构在其中的责任并不明确。电子认证机构签发和管理数字证书,付款人和收款人是证书用户,双方存在特殊服务合同,前者违反如实告知、泄露用户信息等义务,应负违约责任。认证机构与银行成立法定信赖关系,未尽谨慎审查证书信息等合理注意义务导致银行受损失,不能证明自己无过错,且无免责事由的,负侵权责任。
Security is the primary consideration in e-commerce activities. The online payment platform based on digital certificates can effectively guarantee transaction security. However, the responsibility of the electronic certification body is not clear. Electronic certification bodies issue and manage digital certificates, payers and payees are certificate users, the two sides have special service contracts, the former violated the obligation of truthful disclosure and disclosure of user information, should be liable for breach of contract. Certification bodies and banks to establish the legal relationship of trust, not careful to examine the certificate of information and other reasonable care obligations led to the bank suffered losses, can not prove that they have no fault, and no exemption, the negative infringement liability.