Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?
This law created special entities named as “certification service providers” who must fulfill certain requirements and conditions to grant electronic signature certificates and allow, as previously indicated, the availability of an advanced electronic signature. Certification service providers requires an accreditation granted 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.
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. This means that 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?
The above-mentioned law 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 handwriting signature on paper (Article 1 and 3 of law). 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 (presence of witnesses); ii/ When law requires the personal concurrence of the parties (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 or 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.