eSignature Legality in Macau

E-Signature Legality Summary

Under Macau law, a written signature is not necessarily required for a valid contract - contracts are generally valid if legally competent parties reach an agreement, whether they agree verbally, electronically (so long as they can be produced in a physical form and its its integrity can be demonstrated) or in a physical paper document (Articles 211 ff. and 362 of the Macau Civil Code). To prove a valid contract, parties sometimes have to present evidence in court. Leading digital transaction management solutions can provide electronic records that are admissible in evidence under Articles 355 and 362 of the Macau Civil Code and Article 450 ff. of the Macau Civil Procedure Code, to support the existence, authenticity and valid acceptance of a contract.

Notable Changes in E-Signature Law Since 2020

None. 

Documents That May be Signed Electronically

Use cases where a Standard Electronic Signature is typically appropriate include:

• HR documents, such as regular employment contracts, non-disclosure agreements, employee invention agreements, privacy notices, benefits paperwork and other new employee onboarding processes

• Commercial agreements between corporate entities, including non-disclosure agreements, purchase orders, order acknowledgements, invoices, other procurement documents, sales agreements, distribution agreements, service agreements

• Consumer agreements including new retail account opening documents, sales terms, services terms, software licenses, purchase orders, order confirmations, invoices, user manuals, policies, but excluding consumer loan agreements

• Software license agreements