TIPS^®  Taiwan Intellectual Property Special

New Electronic Signature Act

The Electronic Signature Act was passed by the Legislative Yuan on October 31, 2001, and became effective on November 16, 2001.

Pursuant to the Act, the electronic signature and electronic document will have the same legal effects as traditional signature and written document. The Act regulates on electronic signatures, particularly to the digital signature, for its advanced development in Taiwan. Any digital signature used on electronic documents should be certified by a Certificate Authority approved by the competent authority, the Ministry of Economic Affairs (MOEA), in order to acquire the legal effect. The Act further provides regulations on Certificate Authorities and establishes the principle of recognizing foreign Certificate Authorities. The Certificate Authorities are required to furnish a Certification Practice Statement, approved by the MOEA, as guideline for their practice.

A safe and effective managing mechanism will substantially influence the consumers’ desire for involving in Internet transactions. Regulated by the Electronic Signature Act, it can be expected that the security with respect to e-transactions, e-marketing, online changes of electronic files, and transmission and storage of the electronic documents will increase. The Taiwanese Government is working on the supporting measures, such as relevant rule and litigation system. The government’s efforts in speeding up the preparation process, as well as adopting e-documents and e-signatures in bureaucratic works, will be of great help to the globalization of the Internet transaction and e-business.