HelloSign 국제 전자 서명 합법성 가이드

Taiwan has legally recognized eSignatures since 2001 with The Electronic Signatures Act. This Act is enacted to encourage the use of electronic transactions, ensure the security of electronic transactions, and facilitate the development of electronic government and electronic commerce in Taiwan.

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Electronic Signature Law

The Electronic Signatures Act defines that with the consent of the other party, an electronic record can be deployed as a declaration of intent.

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Are eSignatures legal, admissible, and enforceable?

Yes.

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Summary of Law

Taiwan has a tiered eSignature legal model and recognizes digital signatures as a distinct type of eSignature.

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eSignatures in Taiwan are broadly defined as “data attached to and associated with an electronic record, and executed with the intention of identifying and verifying the identity or qualification of the signatory of the electronic record and authenticating the electronic record.” Electronic signatures are valid as long as both parties agree to use this form on a contract or transaction. The following guidelines must be met for an electronic signature to be valid:

• Signed document may not be altered or tampered without signatory’s consent
• Signed document must be accessible by both parties
• Administrative regulation does not prohibit the use of eSignature

In some stances when the digital signatures are required, they need to meet the following criteria to be equivalent to handwritten signatures.

• It shall be supported by a certificate issued by a certification service provider whose certification practice statement is approved by the Taiwanese government
• The certificate is still valid and is not used contrary to its limitation of use

The tiered eSignature legal model in Taiwan allows companies to select the type of eSignatures to use while conducting their business.

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Key Restrictions

eSignatures are not recommended for:

• Documents requiring notarization
• Power of Attorney
• Certain banking, insurance and financial documents
• Real estate transfers