Question:
My company intends to implement electronic contracts. I would like to ask whether an electronic contract or a digital signature must be affixed with the company’s red legal seal on the printed version.
Answer:
Under current laws, affixing a company’s red legal seal on a printed copy of an electronic contract or a document signed with a digital signature is not mandatory. A company’s digital signature already carries full legal validity equivalent to the seal of the legal entity in paper-based transactions.
Pursuant to Article 23 of the Law on Electronic Transactions 2023 regarding the legal validity of electronic signatures:
- An electronic signature shall not be denied legal validity solely because it is presented in electronic form.
- A specialized secure electronic signature or a digital signature has the same legal validity as a handwritten signature of an individual on paper documents.
- Where the law requires that a document must be certified by an agency or organization, such requirement is deemed satisfied if the data message is signed with a specialized secure electronic signature or the digital signature of that agency or organization.
Therefore, your Company may fully use electronic contracts or digitally signed documents without affixing an additional red seal upon printing, except where a contracting party has specific requirements.
Consultation services: Legal services Contract
