{"id":35259,"date":"2020-09-01T10:19:00","date_gmt":"2020-09-01T02:19:00","guid":{"rendered":"https:\/\/zegal.com\/?p=35259"},"modified":"2024-12-27T18:07:15","modified_gmt":"2024-12-27T10:07:15","slug":"e-sign-laws-japan","status":"publish","type":"post","link":"https:\/\/zegal.com\/en-au\/blog\/post\/e-sign-laws-japan\/","title":{"rendered":"E-sign Laws: Japan"},"content":{"rendered":"\r\n

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Part 3: Signing in to the digital age<\/b><\/h4>\r\n

Japan\u2019s tech industry has changing the global digital landscape in recent decades. From robotic servers at food chains to using technology for sustainability efforts for the Olympics 2021 project, Japan are leading the charge with tech.<\/span><\/p>\r\n

As a pioneering hub for technology, it is only fitting that their legal processes be keeping up with the times. Japan\u2019s Act on Electronic Signatures and Certification Business<\/strong> governs the legality of electronic signatures for certified business transactions.<\/span><\/p>\r\n

Japan has recognised e-signatures as a legal form of signing since 2000,\u00a0 giving businesses the option to use them whilst trading.<\/p>\r\n

However, the degree of legality that an electronic signature holds in Japan must meet the requirements as stated in the Act.\u00a0<\/span><\/p>\r\n

Read on to learn more about the legal compliance for electronic signatures in Japan specifically, and watch out for more in this series on Southeast Asia, Hong Kong, China, New Zealand, Australia, UK, Cayman Islands, and BVI.\u00a0<\/span><\/p>\r\n

Japan\u2019s Electronic Signature Requirements\u00a0<\/span><\/h4>\r\n

The use of electronic signatures is under the compliance of the Act on Electronic Signatures and Certification Business. Japan also adopts a tiered Electronic Signature legal model.<\/span><\/p>\r\n

The Rules<\/span><\/h4>\r\n

Contracts are valid if <\/span>parties reach an agreement<\/b>, whether they <\/span>agree verbally, electronically, or in a physical document <\/b>(e.g. paper) .\u00a0<\/span><\/p>\r\n

The Japan E-signature Law<\/strong> recognises electronic signatures as a method of entering into agreements, including conditions for the <\/span>presumption of legal authenticity<\/b>.<\/span><\/p>\r\n

Applicability of an Electronic Signature\u00a0<\/span><\/h4>\r\n

To prove a valid contract, parties often must present <\/span>evidence in court<\/b>. In general, Japanese courts have broad discretion in admitting and evaluating evidence. Leading digital transaction management solutions may be able to provide electronic records that are admissible as evidence, to help support the <\/span>existence, authenticity and valid acceptance of a contract<\/b>.<\/span><\/p>\r\n

Under Chapter II :Presumption of Authentic Establishment of Electromagnetic Record<\/b> of the Act,\u00a0Article 3 states, ‘Any electromagnetic record that is made in order to <\/span>express information<\/b> (except for that prepared by a public official in the course of duties) shall be <\/span>presumed to be established authentically <\/b>if the Electronic Signature (limited to that which can be performed by the principal through appropriate management of codes and properties necessary to perform this) is performed by the <\/span>principal with respect to information recorded in such electromagnetic record<\/b>.’<\/span><\/p>\r\n

Japanese e-signature law sees electronic signatures as a legitimate method of entering into agreements and in general; Japanese courts give generous discretion in admitting and evaluating evidence. This means that Qualified Electronic Signatures are seen as a legal type of e-signature. But this doesn\u2019t mean that a non-QES e-Signature can\u2019t be submitted in court, it simply means there will be extra evidence needed to support it.<\/p>\r\n

<\/span>Use Cases for E-sign<\/span><\/h3>\r\n

Instances where e-signatures are generally considered appropriate:<\/b><\/p>\r\n