E-Signature Regulations

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

Law no. 19.799 establishes special entities named as “certification service providers” who must fulfill certain requirements and conditions to grant electronic signature certificates and allow the availability of advanced electronic signatures. Certification service providers can be accredited by a government authority named as “Accrediting Entity” after a procedure in which these providers demonstrate reliability, a secure service, qualified personal, robust systems and products, among other requirements. Advanced electronic signatures may only be provided by accredited certification service providers. A list of the “accredited certification service providers” can be found in the following link: https://www.entidadacreditadora.gob.cl/entidades/.

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

Law no. 19.799 refers in general terms as to which contracts can be signed with electronic signatures, and when they require advanced electronic signatures. Several contracts such as leases, vehicle purchase agreements, service contracts, among others, can be signed electronically. However, the same contract must be signed by everyone electronically. Also, this law allows government authorities to sign with electronic signature public documents and resolutions.

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

Law no. 19.799 considers electronic support equivalent to paper support in terms that contracts signed by means of an electronic signature are valid in the same way, and produce the same legal effects, as those granted with handwritten signature on paper (Article 1 and 3 of Law no. 19.799). However, there are exceptions of documents or contracts that can’t be signed with electronic signature: i/ When law requires a solemnity that is not capable of being fulfilled by electronic document (e.g. presence of witnesses); ii/ When law requires the personal concurrence of the parties (e.g. contracts that must be granted by public deed, like transfer of real estate); iii/ Contracts related to Family Law.

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

The law that regulates electronic signatures in Chile is Law Number 19.799 in force since April 12, 2002. According to article 1, it “regulates electronic documents and their legal effects, the use of electronic signatures in them, the provision of certification services for these signatures and the accreditation procedure to which the providers of said certification service may be subject, in order to guarantee security in their use”. This law distinguishes two types of electronic signature: advanced and simple. Advanced electronic signature means that is certified by an accredited provider and has been created using electronic tools that the author of the signature maintains on his exclusive control. Simple electronic signature means any sound, symbol or process which allows the receiver of an electronic document to identify its author.