Are eSignatures legal in China?

The ESL provides that a document is not denied legal effect for using an electronic signature, so long as the parties agreed to use one (Art. 3). The Civil Code recognizes EDI, email, and electronic signatures as satisfying a “written contract” requirement, and electronic employment agreements are expressly supported. A “reliable” electronic signature has the same legal force as a handwritten signature or seal.

The ESL defines an electronic signature as data in a data message used to identify the signatory and show their approval. A “reliable” electronic signature must be uniquely linked to and under the sole control of the signatory, tamper-evident as to the signature, and (where integrity matters) tamper-evident as to the document. China also recognizes “electronic certificate-based signatures” (digital signatures) certified by third-party providers that are PRE-APPROVED by Chinese regulators — using a pre-approved provider makes reliability far easier to establish; otherwise the parties carry the burden of proving it.

Most documents can be signed electronically in China, provided the parties have agreed to electronic signing. Using a regulator-approved certification provider materially strengthens enforceability.

Courts treat a signature as reliable more readily when it is certified by a regulator-approved Electronic Certification Services Provider; without one, the parties must prove reliability. For high-stakes matters, prefer a pre-approved certificate provider.

• (2008) Zhe Min Er Zhong Zi No. 154

• (2015) Shen Fu Fa Min Er Chu Zi No. 1164

• (2016) Yun 0111 Min Chu No. 3711

• PRC Electronic Signature Law (2004, revised 2015/2019)Official source
• PRC Civil Code (2021)Official source
• Measures for the Administration of Electronic Seals (2025)Official source