Electronic signatures in Hong Kong
Electronic signatures are legally recognized in Hong Kong and is provisioned under Electronic Transactions Ordinance (Cap. 553) (“ETO”)
The Electronic Transactions Ordinance (ETO) makes electronical signature legally valid in Hong Kong, just like paper ones. It clarifies that electronic documents and e-signatures have the same legal status as their traditional counterparts.
What types of legally accepted electronic signatures are available in Hong Kong?
Hong Kong acknowledges two types of legally valid electronic signatures:
- Electronic Signature: Any digital letters, characters, numbers, or symbols connected to or associated with an electronic record for authentication or approval purposes.
- Digital Signature: An electronic signature generated by transforming an electronic record using encryption methods. This allows verification of whether the signer's private key was used and if the electronic record has been altered.
Where can legally accepted electronic signatures be used in Hong Kong?
Legally accepted electronic signatures in Hong Kong can be utilized in various transactions, provided they meet specific criteria:
- Electronic Signatures (Non-Government Entities): These can be employed in transactions between parties as long as they are reliable, appropriate, and agreed upon by the recipient of the signature.
- Digital Signatures (Government Entities): When transactions involve government entities, the use of digital signatures is mandated. This requirement can be fulfilled by utilizing a digital certificate issued by an authorized Certification Authority.
What are the Validity Requirements for electronic signatures in Hong Kong?
According to the ETO, electronic signatures in transactions not involving government entities will be considered valid if:
- The electronic signature is linked to or associated with the electronic record, demonstrating authenticity and approval.
- The signer employs a dependable and suitable method to convey the necessary information requiring the signature.
- Consent from the recipient is obtained for the use and reception of electronic signatures.
For contracts involving government entities, it is mandatory that digital signatures are backed by a recognized digital certificate issued by an acknowledged Certification Authority.
Which Documents can be signed using electronic signatures in Hong Kong?
There is a variety of documents that can be signed using electronic signatures in Hong Kong, including but not limited to:
- Non-disclosure agreements (NDAs)
- Employee onboarding documents
- Sales agreements
- Partnership agreements
- Quotations and proposals
- Invoices
- Reports
- Application forms
- Delivery notes
- Software licenses
What types of documents in Hong Kong still necessitate signatures in paper format?
In Hong Kong, certain documents may still be required to be signed in paper format due to legal or regulatory requirements. Examples of documents that may typically require signatures in paper format include:
- Will, codicil or any other testamentary documents
- Documents requiring notarization or witnessing by a legal professional
- Documents requiring to be stamped or endorsed under the Stamp Duty Ordinance (Cap. 117)
- Any deed, conveyance or other document or instrument in writing, judgments, and lis pendens referred to in the Land Registration Ordinance (Cap. 128)
- Any assignment, mortgage or legal charge within the meaning of the Conveyancing and Property Ordinance (Cap. 219)
- Court documents and filings, especially those submitted to the judiciary
- Oaths and affidavits
- Statutory declarations
- A warrant issued by a court or a magistrate
- Etc.
Is it possible to utilize the elDoc platform for electronic signatures?
Absolutely! You can utilize the elDoc platform securely for signing your documents with electronic signatures when collaborating with non-government entities, and with digital signatures when engaging with government entities.
elDoc offers a robust and secure framework with multifactor authentication, ensuring the highest security standards when interacting with your counterparts. Rest assured that all your electronic signatures and records are appropriately stored, retained, and accessible at any time.
Willing to know about elDoc platform that provides e-signature capabilites - please get in touch with us and Get Your Free Trial – «elDoc Online»
About elDoc
«elDoc» - all-in-one SaaS solution for solving your document processing challenges through cutting-edge features like eSignatures, No-code Workflow Automation, Secure File Management, and AI-driven document processing:
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About «DMS Solutions»
DMS Solutions is a technology company and professional service provider, specializing in the delivery of Intelligent Automation Solutions. As an authorized implementation partner of «elDoc» - an integrated automated platform for Intelligent Document Processing, Document Workflow Automation, and File Management - we empower businesses in Hong Kong with cutting-edge automation capabilities.
Our clients are high-performing enterprises across diverse industries, including banking and financial services, insurance, logistics, healthcare, manufacturing, retail, government, real estate, transportation, oil and gas, and energy. With our headquarters in Hong Kong, we operate on a global scale, bringing innovation and efficiency to organizations worldwide.
DISCLAIMER: The content provided on this website is intended solely for general informational purposes and should not be construed as legal advice. Due to the rapid evolution of laws, elDoc cannot ensure the accuracy or currency of all information presented here. If you have particular legal inquiries regarding any content on this site, it is recommended to seek guidance from a qualified attorney licensed in your jurisdiction.