Explanation of Electronic Signature Compliance in Macau, China

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

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

What types of electronic signatures are recognized in Macau, China? What are the respective requirements?

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 creator.

Article 3 of the Electronic Documents and Signatures Law stipulates that if the content of an electronic document can be displayed and presented in its entirety like a written expression, 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 information that can only be controlled by the holder and is combined with the electronic document being signed;
• 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 necessary data for signature generation and signature verification, as well as obtain a qualified certificate issued by a duly accredited certification entity.

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

• The person signing with a qualified electronic signature is the holder and acts according to the qualifications and powers stated in the certificate;
• Signing with 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.

In which 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 licensing
• 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)

In which scenarios are traditional signatures typically used in Macau, China?

• Public wills
• Public works contracts (Decree-Law No. 74/99/M)
• Acceptance contracts for the purchase or transfer of real property with actual efficiency
• Matters requiring notarization as stipulated in Article 94 of the Notarial Law of Macau (such as company registration, division or merger, assets involving the transfer of public deeds, public deeds, physical asset finance lease contracts, etc.)
• Residential and commercial lease agreements
• Transfer of commercial lease contracts to third parties
• Company registration actions
• Allocation of quotas for private limited liability companies
• Resignation of directors of private limited liability companies based on quotas
• Commercial pledges
• Trust conveyance of guarantees
• Floating guarantees
• Powers of attorney granting general civil or commercial administrative powers, powers for exchange transactions, powers involving admissions, waivers, or transactions in judicial proceedings, and agency powers for intervening in actions that should be executed through public deeds or similar notarial instruments
• Revocation of residential and commercial lease agreements by mutual consent, as “enforceable ownership”