eSignature legality summary
Under freedom of contract, parties may choose how a document is executed, including electronically; using electronic signatures requires compliance with the ESA. Parties may adopt electronic signatures and records instead of wet-ink signatures and paper, provided the counterparty consented or was clearly notified that silence after a reasonable chance to object counts as consent.
Types of permitted electronic signature
An electronic signature is data attached to and associated with an electronic record, made to identify and authenticate the signatory and verify the record. A “digital signature” uses cryptographic means (the signer’s private key) verifiable via the public key and a certificate from a certification authority approved by the Ministry of Digital Affairs; such a digital signature is deemed “personally signed” where the certificate is valid and used within its scope (ESA Art. 6).
Documents that may be signed electronically
Suitable for HR, commercial agreements (NDAs, purchase orders, procurement, sales, distribution, service), consumer agreements, residential and commercial leases, software and IP licenses, and IP transfers.
Use with caution / not typically appropriate
Following the 2024 amendment, administrative exclusions from the ESA are allowed only when authorized by law, with a transition period ending May 15, 2027.
- Proxy solicitation documents for public-company shareholder meetings
- Applications and procedural documents for administrative execution (Administrative Execution Act, Compulsory Enforcement Act)
- Certain internal Ministry of Justice procedural documents
Seminal court cases
None reported.
Primary sources
- Electronic Signatures Act (2001, amended 2024)
Disclaimer: This guide is general information, not legal advice, and is not a guarantee that any signature will be enforceable for a particular document, transaction, or jurisdiction. E-signature and data-protection laws change frequently. Confirm the requirements for your specific document and parties, and consult a licensed lawyer in the relevant country before relying on electronic signing.
Last reviewed: June 15, 2026