Is an electronic signature legal in Taiwan?
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.
What types of electronic signature are recognized in Taiwan?
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).
What documents can be signed electronically in Taiwan?
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.
What documents cannot be signed electronically in Taiwan?
Following the 2024 amendment, administrative exclusions from the ESA are allowed only when authorized by law, with a transition period ending May 15, 2027.
What court cases have addressed eSignatures in Taiwan?
None reported.
