TAIWAN Law and Practice Contributed by: Jaclyn Tsai, Aaron Chen, Teresa Huang and Jaime Cheng, Lee, Tsai & Partners
9. Gaming Industry 9.1 Regulations Legal Framework Governing Software and Online Gaming Industry In Taiwan, the legal framework governing the software and online gaming industry primarily focuses on consumer dispute resolution and the protection of children and adolescents. Key regulations include: (a) Game Software Rating Management Regula - tions; (b) Mandatory and Prohibitory Provisions of Standard Form Contracts for Online Game Ser - vices (“Online Game Services Provisions”); and (c) Mandatory and Prohibitory Provisions of Standard Form Contracts for Online Game Points (Cards) (“Online Game Points Provisions”). To address consumer disputes, the Online Game Services Provisions stipulate that adver - tisements, promotional content, fee rate charts and game rules are considered integral parts of the contract between the gaming business and users. Users are also granted the right to with - draw from the contract within seven days after commencing the game, without providing a jus - tifiable reason, and users may request a refund for unused prepaid game points without incur - ring any fees. For protection of children and adolescents, the Game Software Rating Management Regulations require gaming businesses to assign ratings to their games based on content and include clear warnings and labels regarding game themes and risks.
(a) Legal equivalency: According to the ESA, electronic records and electronic signatures that meet the requirements of the ESA are deemed functionally equivalent to physical documents and signatures. (b) Digital signatures: A digital signature: • must be capable of being verified by the pub - lic key and supported by a certificate issued by a certification authority; and • is presumed as the signature or seal affixed in person if it is supported by a certificate issued by a certification authority which has been approved by the competent authority and the certificate is within the validity period and scope. (c) Counterparty consent • Consent from the counterparty is required to use electronic records or signatures. • Consent may be implied if the counterparty is given an opportunity to object within a rea - sonable period and manner but does not do so after being informed it shall be presumed to have agreed to the use of electronic form if no objection is raised. Regulations on Digital Identity Taiwan does not currently have specific legisla - tion governing digital identity. However, the gov - ernment provides guidance on digital identity for certain industries. For instance, in the financial sector, the FSC issued the Guidelines for Con - ducting Digital Identity Authentication by Finan - cial Services Enterprises to establish common and consistent application principles for digital identity authentication in the financial industry.
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