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What Types of Electronic Signatures are Considered Valid?

As defined in Article 2, Paragraph 2 of the Electronic Signatures Act (hereafter referred to as the Act), an electronic signature is “data attached to and associated with an electronic record, and executed with the intention of identifying and verifying the identity and qualification of the signatory and authenticating the electronic record.”

An electronic signature is legally recognized when the algorithm and cyber security technology is sufficient for verifying the previously mentioned requirements; the digital signature defined in Article 2, Paragraph 3 also belongs to the type of electronic signatures required here.

For operation and utilization conveniences, the algorithm and cyber security technology standards commonly seen internationally are illustrated below for reference (said examples will not affect implementation of the Act's regulations relevant to electronic signature technology):

  • ( 1 )Public Key Infrastructure technology and structures instituted by international organizations such as the standards formulated by the Internet Engineering Task Force (IETF) and Public Key Infrastructure X.509 (PKIX)
  • ( 2 )Signature formats or algorithms established by international organizations, such as:
    • 1.The signature format developed by the European Telecommunications Standards Institute (ETSI), including the CMS Advanced Electronic Signatures (CAdES), XML Advanced Electronic Signatures (XAdES), PDF Advanced Electronic Signatures (PAdES), Associated Signature Containers (ASiC), JavaScript Advanced Electronic Signatures (JAdES), etc.
    • 2.The signature algorithm developed by the U.S. National Institute of Standards and Technology (NIST) or the ISO.

Note: Letter 1114000229 from December 2, 2022, The Ministry of Digital Affair,s Administration for Digital Industries, was referenced.

The original article content can be found here: https://moda.gov.tw/ADI/news/bulletin-board/3883

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