The Legality of eSignatures in Japan

Documents that can be signed electronically

In Japan, the documents below can be signed with an electronic signature without any specific requirements regarding their use.

• Insurance 
• Chattel paper
• Education
• Healthcare
• NDAs
• Software licensing
• Corporate resolution
• Banking
• HR
• Procurement
• Government filings
• Technology sector
• Documents to be notarised
• Life sciences
• Real estate
• Documents to be recorded
• Consumer transactions
• Lending

Documents that may not be electronically signed

In Japan, while most documents can be signed electronically, certain laws and regulations still mandate that some contracts be executed in physical form. An electronic record is considered authentic if the e-signature meets the following conditions:

• It is created with secure control over the codes and devices essential for the signature, ensuring only the designated person can use it correctly.
• The signature is applied by the individual directly in connection with the information recorded in the electronic document.

If an e-signature does not meet these requirements its legal validity may be challenged and the party that wants to enforce the signature might need to provide additional evidence to support its authenticity. 

Types of e-signature permitted in Japan

An electronic signature in Japan refers to a measure taken with respect to information recorded in an electromagnetic record and meets both of the following requirements:

• A measure to confirm that the information was created by the person who has taken the measure and
• A measure to detect whether the information has been altered.

Notable legality changes since 2020

None. 

Publicly Accessible Links to Laws/Regulations Discussed

• Electronic Signatures and Certification Business Act

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