E-Signature Regulations

Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?

Currently two recognized digital certification authorities that may issue digital signature certificates for documents involving Government authorities – namely, the Postmaster General of the HKSAR and Digi-Sign Certification Services Limited.

With respect to other general documents (i.e. not involving the HKSAR Government), any form of E-signature is acceptable if it is attached or logically associated with the relevant document, considered reliable and agreeable by the parties involved.

Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.

E-signatures can be used for simple contracts/documents with the exception of those documents set out under Schedule 1 of the Electronic Transaction Ordinance (Chapter 553). The general exclusion include -documents relating to landed property, oaths and affidavits, negotiable instruments, trust documents, testamentary document (i.e. wills) and power of attorney.

E-signatures should be avoided for documents required for filing with Government authorities or require certification/notarization etc

What is the legality of e-signatures in your jurisdiction? Are there key exceptions?

Please see above

What is the e-signature law enforceable in your jurisdiction?

Electronic Transaction Ordinance (Chapter 553)