The legal framework for eSignatures in China is governed primarily by the Electronic Signature Law of the People’s Republic of China, which was first enacted in 2004 and later amended in 2015. This law establishes the legal validity and enforceability of electronic signatures and the requirements for their use in various types of contracts and documents. The Ministry of Industry and Information Technology (MIIT) oversees the implementation of the electronic signature system in China. It is responsible for regulating the Certification Authorities (CAs) and ensuring compliance with the law.
Understanding E-Signature Laws in China
China has a regulated framework for Certification Authorities (CAs), which are entities responsible for issuing digital certificates. These certificates confirm the signatory’s identity and ensure digital signature security. To be legally binding, digital signatures must be authenticated by a CA recognized by China’s Ministry of Industry and Information Technology (MIIT).
While China’s eSignature law does not automatically recognize foreign electronic signatures or certificates, foreign eSignatures may still be recognized under Chinese law if they meet the necessary legal requirements or are governed by mutual agreements. China is also a party to several international agreements related to electronic commerce, which may further facilitate the recognition of foreign signatures.
In legal proceedings, the authenticity, reliability, and security of an electronic signature are key factors in determining its admissibility. According to the Electronic Signature Law, electronic signatures have the same legal effect as handwritten signatures or seals if certain conditions are met. These include identifying the signatory, ensuring the signature is reliably linked to the document and unalterable after signing, and mutual agreement between parties to use electronic signatures in their transactions.
Types of eSignatures in China
There are two main types of eSignatures in China:
Ordinary Electronic Signatures: These are essential forms of eSignatures, such as typed names or scanned signatures, and are generally accepted in non-sensitive transactions.
Digital Signatures (or Secure eSignatures): These are more advanced forms of eSignatures that use encryption technology to ensure the signatory’s identity and the signed document’s integrity. To be considered valid, digital signatures in China must be certified by government-authorized electronic certification service providers (CAs).
Exclusions in E-Signature Usage Under Chinese Law
While eSignatures are legally valid for most contracts, certain types of documents cannot be signed electronically under Chinese law, including:
- Documents related to personal relationships, such as marriage, adoption, inheritance, etc.
- Documents involving transferring property rights in immovable properties like land and houses.
- Other documents where specific laws and regulations require paper and handwritten signatures.
Seminal Case Law
The following cases are examples of where Chinese courts have addressed the use of electronic signatures:
Beijing Han-Hua-Kai-Jie Technology Development Ltd. V Chen Hong (2018) Zhe 0192
Hangzhou Huatai Yimei Culture Media Co., Ltd. V Shenzhen Daotong Technology Development Co., Ltd. (2018) Zhe 0192 Civil Case, First Cour No. 81, Hangzhou Internet Court of the People’s Republic of China
Yang Chunning v Hang Ying (2005) hai min chu zi NO.4670
General
(2008) Zhe Min Er Zhong Zi No. 154
(2011) Jin Yi Shang Chu Zi No. 3006
(2011) Hang Bin Shang Chu Zi No. 178
(2015) Shen Fu Fa Min Er Chu Zi No. 1164
(2016) Yun 0111 Min Chu No. 3711