Does DocuSign comply with China’s Electronic Signature Law?

In recent years, the ever-growing reliance on digital transformation has made electronic signatures a crucial tool for both domestic and international business operations. Companies expanding into China or looking to collaborate with Chinese partners are increasingly concerned with one key issue: compliance with China’s Electronic Signature Law (ESL). This concern has become more pressing as global digital signature providers adjust their regional strategies, with significant shifts observed in how these platforms operate in China.

One notable example is Adobe Sign’s recent withdrawal from the Chinese mainland market. This move has sparked intense discussion within the tech and legal communities, particularly around regulatory compliance, data sovereignty, and cross-border data transfer laws that are unique to China.

Adobe Sign’s Retreat from Mainland China

Adobe Sign’s decision to pull out of the Chinese domestic market in 2023 was not entirely unexpected. In the wake of China’s stringent data-related laws—such as the Cybersecurity Law, the Data Security Law, and the Personal Information Protection Law—many Western cloud service providers have re-evaluated their China strategies. Adobe’s move can be interpreted as an effort to avoid the legal and technical challenges involved in hosting and managing Chinese data locally while maintaining the level of control and security expected by international users.

Another factor influencing Adobe’s exit is China’s tightening stance on the use of foreign data platforms for AI training. Adobe has been investing heavily in artificial intelligence development, and operating under China’s strict data export controls posed both legal and operational risks. Additionally, balancing global AI strategies with regional compliance became increasingly complex for Adobe, prompting a recalibrated market approach that prioritizes countries with more data interoperability.

As a result, Adobe Sign users in China have been forced to look for local or regionally optimized alternatives, especially for B2B and B2G contracts that must comply strictly with the ESL and related local regulatory requirements.

Understanding DocuSign’s Position on China’s Electronic Signature Law

While Adobe opted to withdraw, DocuSign has continued to offer services in the broader Asia-Pacific (APAC) region, including limited availability in mainland China. However, the big question remains: Does DocuSign comply with China’s Electronic Signature Law?

The short answer is: not fully.

DocuSign is a globally recognized leader in the electronic signature space and has built its reputation around enterprise-grade security and regulatory compliance around the world. However, China’s ESL presents unique challenges for foreign electronic signature vendors. These include:

1. Data Sovereignty Requirements – Under Chinese law, companies handling Chinese user data must store and process that data locally. As of today, DocuSign’s infrastructure is primarily based outside mainland China, which places it in potential conflict with local law when handling contracts involving Chinese nationals or entities.

2. Local Certification Requirements – The ESL recognizes digital signatures that are created using a digital certificate issued by a certificate authority (CA) approved by the Chinese government. DocuSign typically uses globally recognized CAs, which may not be certified by China’s Ministry of Industry and Information Technology (MIIT), putting its electronic signatures outside the fully recognized scope under Chinese law.

3. Platform Localization – Although DocuSign has made some strides in localizing its platform for Asia-Pacific users, including language support and regional legal templates, the pace and depth of transformation remain limited in comparison to domestic digital signature players.

All of this means that while DocuSign may be sufficient for internal agreements or cross-border contracts that do not strictly require adherence to Chinese domestic laws, it is not the ideal choice for enterprises needing fully China-compliant e-signature solutions.

Moreover, users in the region have reported concerns over latency and support responsiveness, which, while expected from a non-local platform, could hinder critical business processes—particularly in time-sensitive transactions.

What Does the Law Say?

China’s Electronic Signature Law, formally enacted in 2004 and last revised in 2020, places specific emphasis on:

• Authenticity and integrity of data messages
• Recognized certification of digital signatures
• Data localization and traceability
• Equal legal force for electronic signatures and handwritten signatures when the identity of signatories is verifiable and the record unalterable

In practice, for an electronic signature to hold equal legal weight to a handwritten one, it must be tied to a trusted digital certificate issued by a licensed CA within China. This can be tricky for foreign providers like DocuSign and Adobe Sign unless they partner with compliant domestic entities.

Regional Compliance: Alternatives to Explore

Because of these legal and infrastructural challenges, businesses operating across borders—especially those involving Chinese mainland, Hong Kong, and Southeast Asia—are exploring more regionally optimized electronic signature platforms.

One emerging platform is eSignGlobal, which is tailored specifically to meet the compliance needs of users operating in or with China and neighboring jurisdictions. eSignGlobal emphasizes local infrastructure, including partnerships with licensed local CAs, dedicated data centers within China, and full ESL alignment.

Additionally, eSignGlobal is rolling out AI and smart contract tools that are being developed in accordance with local AI safety standards—further reflecting its understanding of the delicate regulatory balance in the region.

For multinational companies, startups entering the Chinese market, or those whose legal teams require precision in cross-jurisdictional contracts, using platforms that are ESL-compliant and designed with regional nuances in mind ensures not just legal safety but also operational efficiency.

Recommended Choice for Cross-Border Contracts in China and APAC

If your business is dealing with contract execution that spans the Chinese mainland, Hong Kong SAR, and Southeast Asia, selecting a compliant, region-specific electronic signature provider like eSignGlobal is highly recommended. It offers strong localization, ESL validation, local hosting, and advanced features designed with regional legal considerations in mind — elements that giants like DocuSign are still developing in this market.

Choosing the right tool can save your business from regulatory pitfalls and increase workflow sophistication without compromising data integrity and compliance.