The Legality of Electronic Signatures in Japan
Summary of Electronic Signature Legality
The Electronic Signatures and Certification Business Act (commonly referred to as the “Act”) provides the overarching framework for the use of electronic signatures. Contracts executed with electronic signatures hold the same legal validity as written contracts. An implementing regulation sets standards for certification services, while an enforcement order specifies the validity period for such services.
Notable Changes to Electronic Signature Laws Since 2020: None.
Permitted Types of Electronic Signatures
An electronic signature refers to a measure applied to information recorded in electromagnetic form (i.e., records created electronically, magnetically, or in any other manner imperceptible to human senses and usable for computer-based information processing) that meets the following requirements:
The measure indicates that the information was created by the person applying it.
The measure confirms whether the information has been altered.
Japan also supports Accredited Certification Businesses (“ACBs”), which may “affix a mark indicating accreditation on electronic certificates (i.e., electromagnetic records prepared to verify that an electronic signature belongs to the user).”
Documents Eligible for Electronic Signatures
Under Japanese law, contracts are generally not required to be in writing or signed to be binding and enforceable, except for certain limited types (discussed below). However, contracts in Japan are typically executed in writing, followed by electronic signing and/or affixing a company seal to demonstrate mutual intent.
The following categories generally impose no restrictions on electronic signatures:
Human Resources
Procurement
Corporate Resolutions
Non-Disclosure Agreements
Software Licensing
Healthcare
Banking
Real Estate
Loans
Chattel Mortgage Documents
Insurance
Education
Life Sciences
Technology
Exceptions (Requiring Physical/Notarized Documents):
Documents requiring notarization
Documents requiring official recording
Consumer transactions
Government filings (depending on document type)
Additional Guidance
Under Japanese law, contracts may be executed either via paper documents with wet signatures or electronically with e-signatures. However, some laws or regulations still mandate paper-based execution.
Electromagnetic records (excluding those created by public officials in official duties) are presumed authentic if the electronic signature meets the following criteria:
The signature is based on proper control of codes/objects required for execution, ensuring only the signer can perform it.
The signature is applied by a person to the information recorded in the electromagnetic record.
If an electronic signature fails to meet these requirements and its validity is challenged, the party relying on it may need to provide additional evidence to prove authenticity. Such evidence may include:
Methods for verifying the signer’s identity.
Proof that the document is tamper-evident and unaltered.
Audit logs detailing all actions taken during the signing process.
Disclaimer
The information provided on this website is for general reference only and does not constitute legal advice. As laws and regulations are subject to change, DocuSign cannot guarantee the timeliness or accuracy of all content. For specific legal questions, we recommend consulting a licensed attorney in your jurisdiction.