Are electronic signatures legal in China? What laws primarily regulate electronic signatures?

Electronic signatures are legal in China, and electronic signatures in China are primarily regulated by the “Electronic Signature Law of the People’s Republic of China” amended on April 23, 2019.

What is an electronic signature in China? What requirements must a reliable electronic signature meet?

The “Electronic Signature Law” defines an electronic signature as “data in electronic form contained or attached in a data message to identify the signatory’s identity and indicate the signatory’s acceptance of its content.”

A “reliable” electronic signature has the same legal effect as a handwritten signature or seal, and a reliable electronic signature should meet the following requirements:

• The data used to create the electronic signature is exclusive to the signatory when used for electronic signing;
• The data used to create the electronic signature is controlled only by the signatory during signing (usually provided by an electronic certification service provider pre-approved by Chinese regulatory authorities);
• Any modification to the electronic signature after signing can be detected;
• Any modification to the content and form of the data message after signing can be detected.

The “Electronic Signature Law” also stipulates that when parties agree to use electronic signatures or data messages, their legal effect cannot be denied solely because they are in the form of electronic signatures or data messages.

In which scenarios cannot electronic signatures be used in China?

Electronic signatures cannot be used in the following scenarios:

• Matters involving personal relationships such as marriage, adoption, and inheritance;
• Matters involving the suspension of public utility services such as water, heating, and gas supply;
• Other situations where electronic documents are not applicable as stipulated by laws and administrative regulations.

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