Macau, China Electronic Signature Compliance Explanation

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

Electronic signatures are legal in Macau, China, and electronic signatures in China Macau are primarily regulated by the 2005 “Electronic Documents and Signatures Law”.

What types of electronic signatures are recognized in Macau, China? What are the requirements for each type?

Macau, China recognizes three types of electronic signatures, namely electronic signatures, advanced electronic signatures, and qualified electronic signatures.

1. Electronic Signatures

Refers to a set of electronic data that is combined with or logically associated with an electronic document and can be used as a method to identify the identity of the signatory.

Article 3 of the “Electronic Documents and Signatures Law” stipulates that if the content of an electronic document can be displayed in the same way as a written statement and can be presented in its entirety, it meets the legal requirements for a written form.

2. Advanced Electronic Signatures

Refers to a form of electronic signature that should meet the following requirements:

• There is a clear association between the signature and the holder, and the identity of the holder can be identified based on this;
• The signature is generated through data that can only be controlled by the holder and is combined with the signed electronic document;
• Any subsequent modifications made to the document after signing can be detected.

3. Qualified Electronic Signatures

Refers to a form of advanced electronic signature based on a qualified certificate, which is generated through a secure device used to generate the signature and can effectively prevent unauthorized use of the signature according to internationally recognized standards. Users of qualified electronic signatures should generate or obtain the data required to generate the signature and verify the data required to verify the signature, as well as obtain a qualified certificate issued by a duly recognized certification authority.

Signing a qualified electronic signature is equivalent to handwritten signing and presumes the following facts:

• The signatory of the qualified electronic signature is the holder and acts in accordance with the qualifications and powers contained in the certificate;
• Signing a qualified electronic signature for the purpose of signing an electronic document;
• The content of the electronic document signed with a qualified electronic signature has not been modified in an undetectable manner.

What scenarios can electronic signatures be used in Macau, China?

• Human resources documents (such as new employee onboarding processes, including employment contracts, confidentiality agreements, employee invention agreements, privacy statements, and benefit documents)
• Intellectual property licenses
• Business agreements between corporate entities (such as confidentiality agreements, invoices, purchase orders, sales agreements, and service agreements)
• Consumer agreements (such as purchase orders, order confirmations, terms of sale, terms of service, invoices, shipping documents, user manuals, and policies)

What scenarios typically use traditional signatures in Macau, China?

• Public wills
• Public works contracts (Decree-Law No. 74/99/M)
• Acceptance contracts for the purchase or transfer of real estate with actual effectiveness
• Matters requiring notarization as stipulated in Article 94 of the “Macau Notary Law” (such as company registration, division or merger, assets involving the transfer of public deeds, public deeds, physical asset financing lease contracts, etc.)
• Residential and commercial lease agreements
• Transferring commercial lease contracts to third parties
• Company registration actions
• Quota allocation for private limited liability companies
• Resignation of directors of private limited liability companies according to quotas
• Commercial pledges
• Guarantee trust transfers
• Floating guarantees
• Powers of attorney granting general civil or commercial administrative powers, powers of exchange transactions, powers involving admissions, waivers, or transactions in judicial proceedings, and powers of attorney to intervene in actions that should be executed through public deeds or similar notarial instruments
• Mutual agreement to terminate residential and commercial lease agreements as “enforceable ownership”