Legality and enforceability of electronic signatures in Japan*
Are Electronic Signatures Legal in Japan?
Yes. In 2000, Japan adopted the Act on Electronic Signatures and Certification Business №102. This law established the rules for the use of electronic signatures in Japan.
What Are the Electronic Signature Requirements in Japan?
According to the law, an electronic signature is any information recorded in the form of an electromagnetic record that complies with the following criteria:
- The method used to create the signature indicates that it was created by the signer.
- The method used to create the signature detects whether any changes were made to the document or signature after the document was signed.
Japanese laws do not establish a tier system for electronic signatures. As a general rule, to be valid in Japan, an electronic signature must meet the following requirements:
- A signer must execute the signature by applying an appropriate technology based on the management of security codes and properties.
- The signature must represent the signer’s intention to approve the information contained in the signed document.
Default SignNow electronic signature complies with the validity requirements for electronic signatures in Japan.
Also, a company may complete the certification process provided by the law and get the status of a Specified Certification Business. These companies provide top-tier electronic signature services, primarily based on the use of PKI technology. However, an electronic signature does not need to be PKI-based to be valid in Japan.
Can Electronic Signatures Be Used As Evidence In Court?
If the electronic signature complies with the validity requirements specified above, it has the same admissibility and enforceability status as any other type of signature and can be presented as evidence in court.
Is It Necessary to Consent to the Use of Electronic Signature?
Japanese laws do not provide clear requirements in this regard. However, if an argument arises, the asserting party might be required to provide evidence confirming the other party has agreed to sign the document electronically. It is also unclear whether the person’s consent to use an electronic signature may be inferred from the person’s conduct.
Use of Electronic Signatures By the Government Entities
In Japan, when a public official signs a document to perform their duties, they must not use regular electronic signatures. Therefore, it is safe to say that public officials should use the certificate-based electronic signatures issued by the Specified Certification Businesses when signing public acts and documents.
When a Person Cannot Use Electronic Signatures in Japan
A person must not use an electronic signature to sign documents that require notarization or traditional signatures, e.g., will. Separate laws might also introduce other restrictions on the use of electronic signatures in specific transactions.
* Disclaimer: This page is for informational purposes only. This page provides a background on the legal framework for electronic signatures in the respective country. This page is not legal advice and should not be used or relied upon as legal advice. You should seek legal counsel regarding any legal questions you have regarding the use of electronic signatures in this jurisdiction. To the maximum extent permitted by law, airSlate provides this page and the material on this page on an “as-is” basis. airSlate disclaims and makes no representation or warranty of any kind with respect to this page or the material on this page, express, implied, or statutory, including representations, guarantees, or warranties of merchantability, fitness for a particular purpose, or accuracy.
Last updated: September 2024