E-Signature Regulations

Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?

Brazilian government provides a list of trusted entities authorized to issue qualified e-signature, available at https://www.gov.br/iti/pt-br/assuntos/icp-brasil/autoridades-certificadoras. There is also a list of entities authorized to identify/register users of qualified e-signatures, available at https://www.gov.br/iti/pt-br/assuntos/icp-brasil/lista-de-ars.

Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.

There are 3 types of e-signatures: (1) simple (not certified by ICP, with low level of identification); (2) advanced (not certified by ICP, with high level of identification); and (3) qualified (certified by ICP).

Qualified e-signature is valid for most purposes (public and private documents). Certain public documents may also use advanced or qualified e-signatures. In general, private documents may also be executed using simple or advanced e-signatures, provided that the parties agree to it.

What is the legality of e-signatures in your jurisdiction? Are there key exceptions?

The Brazilian Civil Code sets forth that the validity of a statement of will does not require a specific form or format, unless expressly required by law. However, there are certain situations in which local law require a specific form and format and/or registration before notary public or public authority (pls. refer to our previous answer). In these cases, it is advisable to check on a case-by-case basis the format that may be used, if it can be e-signed and which type of e-signature applies.

What is the e-signature law enforceable in your jurisdiction?

E-signatures in Brazil are enforceable by: (1) Provisional Measure No. 2,200-2/2001, which instituted the Infrastructure of Brazilian Public Keys (ICP), that regulates the authenticity, integrity and validity of electronic documents; (2) Law 14,063/2020, which regulates the use of e-signatures before public entities and in acts of legal entities; and (3) Decree No. 10,543/2020, which provides specific requirements for the applicability of e-signatures before the public administration.