Bill passes making e-signatures equal to those on paper

Electronic signatures are to be functionally equivalent to those on paper after the Legislative Yuan yesterday passed amendments to the Electronic Signatures Acts (電子簽章法) after a third reading.

The revision covers seven important aspects of signatures, said the Ministry of Digital Affairs, which proposed the amendments.

First, electronic documents and signatures that comply with provisions in the act are functionally equivalent to physical documents and signatures, and the validity of a document cannot be denied simply because it comes in electronic form, it said in a statement.

Second, the amendments define digital signatures as a type of electronic signature, making the relationship between electronic and digital signatures clear.

Third, the amendments make it clear that a digital signature issued by a government-approved certification agency is presumed to be the agency’s official signature or seal.

Fourth, before using electronic documents and signatures, people opposing such forms should be given the opportunity to object within a reasonable period, and those who do not object should be informed that they are presumed to consent to the use of electronic forms, the ministry said.

Fifth, under the principle of protecting cybersecurity, the Ministry of Digital Affairs can take into account international reciprocity and cooperation on technology that conforms to international standards when considering approving digital signatures issued by foreign licensed institutions, it said.

Sixth, the amendments authorize the ministry to investigate the approval, issuance and application of electronic signatures by ministries and agencies of the Executive Yuan and private certificate agencies, while the digital ministry should conduct surveys or studies on international regulations and consumer markets, which it would publish annually.

Seventh, the amendments eliminate provisions of the act allowing administrative agencies to exclude the application of this law and set a sunset clause that is to take effect on the day the amendments are implemented.

While that clause would cease to apply one year after the amendments are enforced, agencies might be granted a two-year extension with the consent of the competent authority, the ministry said.

The ministry also plans to establish a registration platform for electronic signature solution services.

“The ministry will continue to assist each administrative agency in repealing the measures that exclude the applications of the Electronic Signatures Act as soon as possible so that the public can better experience the convenience of electronic signatures,” it said.