The Legality of eSignatures in China

Documents that can be signed electronically

Most documents in China can be signed electronically and the court will typically consider an e-signature to be reliable if it is certified by an Electronic Certification Services Provider that is pre-approved by the regulatory authorities in China. However, there are three specific areas that exclude the use of electronic signatures, which we will discuss below. 

Documents that may not be electronically signed

The areas that exclude the use of electronic signatures on documents in China are:

• Documents that relate to personal relations, e.g., marriage, adoption, and succession
• Documents that relate to the termination of public utility services such as heat, water, gas, and power supply
• Other cases where electronic documents do not apply as stated by laws and administrative regulations

Types of e-signatures permitted in China

The ESL defines an electronic signature as data in an electronic form attached to a data message that can be used to identify the signer and demonstrate the signer’s understanding of the message and their intent to sign. Data message refers to the information generated, dispatched, received, or stored by electronic means. “Reliable” e-signatures in China are legally equivalent to a handwritten signature, in order to be reliable, an e-signature must meet the following criteria:

• The signature creation data is under the sole control of the signer and no one else
• The signature creation data is uniquely linked to the signer and no one else
• Any alterations made to the signature after signing are detectable

Notable legality changes since 2020

None. 

Publicly Accessible Links to Laws/Regulations Discussed

• People’s Republic of China (PRC) Electronic Signature Law

Disclaimer

The content provided on this website is meant for general informational use only and does not constitute legal advice. Legal regulations on this topic can evolve rapidly, so E-Sign does not ensure that the information presented here is always up-to-date or accurate. If you have particular legal concerns regarding any details on this site, it is recommended that you consult with a licensed attorney in your jurisdiction. 

Last Updated 9th October 2024