With advances in technology, more and more lease agreements are no longer signed on paper but completed using electronic signatures or digital signatures. So, are these forms of signing legally valid in Taiwan? According to current laws, the answer is yes.
A Contract Doesn’t Need a Handwritten Signature to Be Valid
Under Taiwanese law, the validity of a contract hinges on whether both parties have expressed mutual intent—known as “offer” and “acceptance.” As long as this mutual agreement exists, the contract is considered valid, even without a paper document or handwritten signature. Electronic documents, messaging apps, or even verbal agreements can form a legally binding contract.
If even verbal agreements can be valid, why do most people still prefer written or electronic contracts? The reason is the burdenof proof. Article 277 of Taiwan’s Code of Civil Procedure states that the party asserting a right bears the burden of proof. Compared to oral agreements, written or electronic contracts clearly document the terms agreed upon and serve as strong evidence in case of future disputes.
📜 Related Read: Is a Written Rental Contract Always Required in Taiwan?
Signature and Seal Hold the Same Legal Weight
Many people mistakenly believe that only a seal (chop) has legal effect. However, Article 3 of Taiwan’s Civil Code clearly states that:
"A signature has the same legal effect as a seal."
As long as the signature or seal is made by the party themselves, it is legally valid. In certain situations, even a fingerprint or other symbol used in place of a signature—if certified by two witnesses—holds the same legal effect.
In short, handwritten signatures and seals are equally valid, and neither has greater legal authority.
The Difference Between Electronic and Digital Signatures
- Electronic Signature:
This refers to any method of expressing signing intent in electronic form, such as drawing a signature on a Word or PDF document, inserting an image of a signature, or even using a signature block in an email. As long as the signature can identify the signer and demonstrate their intent to sign, it is considered legally valid.
- Digital Signature:
A type of electronic signature that uses advanced encryption technology. It relies on certificates, public and private keys, and other cryptographic tools to ensure the document has not been altered during transmission. This adds a strong layer of security and authenticity to the contract.
The Real Issue: Burden of Proof
No matter what kind of signature is used, the biggest practical challenge is proving the contract’s validity later on. In the event of a dispute, if you can't prove the contract’s contents, signing time, or mutual agreement, your rights may not be upheld.
Therefore, make sure the signing process leaves a verifiable record and authentication trail (e.g., signing logs, IP address, certificate information), which greatly enhances the credibility and legal strength of the contract.
Conclusion
In summary, both electronic and digital signatures are legally valid signing methods in Taiwan. However, the real key lies in whether mutual consent can be clearly proven and whether sufficient evidence can be provided if needed.
As digital technology continues to evolve, these forms of signing will become more common. That said, it remains important to ensure data security and strong evidence retention to fully protect the rights of all parties involved.
