Online contracts enforceable in Taiwan? How?

Anybody know anything about the legality of online contracts in Taiwan? You sign up for a service on a website and click on “Yes I agree to the contract”. Is that legally enforceable in Taiwan? Are there any technical specifications for how that information needs to be saved or stored in order to be legally enforceable?

Most contracts are printed, signed and stamped with such enthusiasm that I wonder if a click on a website would stand up to legal scrutiny at all.


I’m fairly certain there’s no law or regulation in Taiwan that states that such “click-wrap” agreements are, or are not, enforceable in Taiwan, just as I don’t believe there is in the US. But in the US there is substantial case-law on the subject and US courts have overwhelmingly found such agreements enforceable.

I’ve read US cases on the subject and forget the details, but I remember that there are varying degrees of enforceability of click-wraps based on their design. For maximum enforceability, it should be designed so the user must scroll through all the contract language before coming to the “I accept” button. As with all contracts, important language should be in bold or all caps, and one can even install multiple “I accept” buttons at various key points in the agreement. I believe the cases mention other tactics that I’ve presently forgotten.

As I said, in the US the courts have held such agreements to be enforceable. But, Taiwan is a civil law jurisdiction, not common law like the US, so case law generally lacks precedential value (except for a very few decisions published by the Judicial Yuan). So even if a Taiwan court discussed this issue, and I don’t know if they have or not, the decision most likely wouldn’t be binding.

But I’d be very surprised if such agreements weren’t enforceable in Taiwan. The country aspires to be the Silicon Island, the e-hub of Asia, and so forth, has signed on to APEC e-agreements, has initiated countless programs for e-commerce, e-government, e-education, etc., has passed an Electronic Signature Law, and click-wrap agreements are standard practice in this age. They would truly have their heads in the sand if they didn’t recognize such agreements.

Anyway, that’s all just my general opinion. I’d be curious if anyone has any specifics re Taiwan law on the subject.