eSignature law in China
Electronic signatures are legally binding in mainland China under the Electronic Signature Law (2004, amended 2015 and 2019), where a reliable electronic signature equals a handwritten signature or seal.
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Governing law: Electronic Signature Law of the People's Republic of China (2004, amended 2015, 2019) (2005)
China's Electronic Signature Law, in force since 2005 and amended in 2015 and 2019, provides that a reliable electronic signature has the same legal effect as a handwritten signature or a seal. A signature is "reliable" where the creation data is linked solely to and controlled by the signer at signing, and any alteration to the signature or the document after signing is detectable. Parties must agree to use electronic signatures. Electronic contracts and data messages are broadly recognised, and the Law works alongside the Civil Code's contract rules and the Electronic Commerce Law. Reliable signatures often rely on certificates issued by licensed electronic-certification service providers supervised by the relevant authorities; China's internet courts routinely accept electronic evidence.
What makes an eSignature valid in China
- Signature-creation data linked solely to, and controlled by, the signer at the time of signing
- Any alteration to the signature after signing is detectable
- Any alteration to the document content after signing is detectable
- The parties agree to use electronic signatures
- For higher assurance: a certificate from a licensed certification service provider
Where eSignatures are not valid
- Documents concerning personal relations such as marriage, adoption and succession
- Cessation of water, heat, gas or other public utility services
- Transfers of rights and interests in real estate as specified
- Other circumstances where laws or regulations require paper documents
FAQ
Are electronic signatures legal in China?
Yes. Under the Electronic Signature Law, a reliable electronic signature has the same legal effect as a handwritten signature or company seal, provided the parties agree to sign electronically.
What makes an electronic signature "reliable" in China?
The signature-creation data must be controlled solely by the signer at signing, and any change to the signature or the document afterwards must be detectable. Certificates from licensed providers add assurance.
What documents cannot be signed electronically in China?
The law excludes documents on personal relations (marriage, adoption, succession), termination of public utilities, certain real-estate transfers, and cases where regulations require paper.
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