Chile: legal requirements and validity of electronic signatures

In this explorer, we explore the key aspects of electronic signature law in Chile, including the main laws, standards, and conditions that determine their legal status, circumstances under which they may not be valid, industry-specific standards, the extent of adoption, and practical considerations for businesses and individuals.

Main law determining the legality and binding status of electronic signatures in Chile

The primary legislation governing electronic signatures in Chile is Law No. 19.799, enacted in 2002. This law provides the legal framework for electronic documents and signatures, ensuring their recognition as legally binding and equivalent to traditional “wet ink” signatures. The law defines two types of electronic signatures: simple electronic signatures (SES) and advanced electronic signatures (AES).

• Simple electronic signature (SES): This type of signature includes any electronic method that can identify the signer and show their intention to sign the document.
• Advanced electronic signature (AES): AES must meet additional requirements, such as being uniquely linked to the signer, capable of identifying the signer, created using means that the signer can maintain under their sole control, and linked to the data signed in such a way that any subsequent change in the data is detectable.

Key points of Law No. 19.799 include:

1. Recognition of electronic signatures as legally valid
2. Definition of different types of electronic signatures
3. Establishment of certification service providers
4. Guidelines for the use of electronic signatures in public administration

You can find the full text of Law No. 19.799 here. 

Relevant standards and conditions for a legally binding electronic signature in Chile 

For an electronic signature to be legally binding in Chile, it must adhere to the following standards and conditions:

1. Identification of the signatory: The signature must reliably identify the individual who signed the document.
2. Integrity of the document: The document must remain unchanged after it has been signed, ensuring its integrity.
3. Intent to sign: There must be a clear intention by the signatory to sign the document electronically.
4. Technical standards: For AES, the signature must meet the technical standards of certification by an accredited provider. The process often involves the use of digital certificates issued by accredited certification providers, ensuring the authenticity and integrity of the signatures and documents.

Advanced electronic signatures, which use cryptographic technology, are generally considered to meet these standards more reliably than simple electronic signatures.

Electronic signature law in Chile: validity and limitations

While electronic signatures are widely accepted in Chile, there are some circumstances where they may not be valid:

1. Lack of compliance with technical standards: If the electronic signature does not meet the required technical standards, particularly for AES, it may not be considered valid.
2. Certain legal documents: Some legal documents, such as wills, marriage contracts, and certain types of powers of attorney, may require a handwritten signature or additional formalities.
3. Disputes over authenticity: If there is a dispute regarding the authenticity of the electronic signature or the identity of the signer, the signature's validity may be challenged.
4. Requirement of law: The validity of an electronic signature may be challenged in cases where the law explicitly requires a handwritten signature.
5. Documents requiring notarization: Documents requiring notarization often require traditional handwritten signatures. 

However, it is important to note that Chilean law generally favours the principle of technological neutrality, meaning that electronic signatures should not be discriminated against solely because of their electronic nature.

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Find out more about eSignature laws in the Americas:

• Legal requirements for eSignature in Brazil
• Legal requirements for eSignature in British Virgin Islands
• Legal requirements for eSignature in Canada
• Legal requirements for eSignature in the Cayman Islands
• Legal requirements for eSignature in the Dominican Republic
• Legal requirements for eSignature in Mexico
• Legal requirements for eSignature in the USA

Recent court decisions on electronic signatures in Chile

The Chilean courts have generally reinforced the acceptance and validity of electronic signatures. However, there are currently no landmark cases in Chile specifically addressing the enforceability of electronic signatures. 

The absence of significant legal challenges suggests a general acceptance and smooth implementation of electronic signature laws. Nevertheless, in 2006, the Supreme Court issued an Administrative Order relating to the implementation of electronic documents and signatures by notaries, real estate registration administrators, and judicial archives administrators, where the court recognised the impossibility of adopting an electronic signature in certain instances and specified that where used, it must be an advanced electronic signature. 

However, it is essential to stay updated with legal developments, as the judiciary's interpretation can evolve.

Forthcoming legislation on electronic signatures in Chile

Currently, there are no major legislative changes pending regarding electronic signatures in Chile. However, the government continues to monitor international developments and may introduce updates to align with global best practices and to adapt to technological advancements. While there are no specific upcoming laws solely focused on electronic signatures, the Chilean government is working on broader digital transformation initiatives that may indirectly impact electronic signature regulations. These initiatives aim to enhance the security, reliability, and accessibility of electronic transactions and signatures.

Industry-specific standards for electronic signatures in Chile

While the general principles of Law No. 19.799 apply across sectors, certain industries in Chile may have additional requirements for electronic signatures:

1. Financial services: The financial sector often requires AES for contracts and transactions to ensure the highest level of security and compliance with regulatory standards. Additionally, the Chilean Ministry of Finance and the Financial Market Commission may issue guidelines and regulations on the use of electronic signatures in banking transactions.  
2. Healthcare: Electronic health records and related documents typically require stringent authentication methods, including AES, to protect sensitive patient information. The Ministry of Health may issue additional guidelines for electronic signatures in medical records and related documents. 
3. Government: Public sector entities often require advanced electronic signatures for official documents.
4. Real estate: Property transactions often require traditional handwritten signatures. However, where applicable, AES and additional measures may be required to ensure the legal enforceability of contracts and agreements.

These industry-specific standards ensure that electronic signatures meet the necessary security and legal requirements, providing confidence and trust in digital transactions.

Adoption of electronic signatures in Chile

The use of electronic signatures across various sectors has grown significantly in Chile over the past decade. Businesses, government agencies, and individuals are increasingly using eSignatures for their convenience, efficiency, and security. Key drivers of adoption include:

• Digital transformation initiatives: Government-led initiatives promoting digitalization have significantly increased the use of electronic signatures.
• The need for remote business operations: The COVID-19 pandemic accelerated the adoption of digital tools, including eSignatures, as remote work and online transactions became the norm.
• Cost and time efficiency: Electronic signatures reduce the need for physical documents and in-person meetings, saving time and resources.
• Increased trust in digital technologies: The increased trust in digital technologies globally has encouraged the use of instruments like electronic signatures. 

Leading providers of electronic signature solutions in Chile

Several companies provide electronic signature services in Chile, offering solutions that comply with local legal requirements and technical standards. Some of the leading providers include:

1. DocuSign: A global leader in electronic signature solutions.
2. Juro: A popular contract automation platform and eSignature provider known for its user-friendly interface and robust security features.
3. Adobe Sign: Part of the Adobe Document Cloud suite.
4. HelloSign: A Dropbox company providing electronic signature solutions.
5. SignNow: Offers a user-friendly platform for electronic signatures. 
6. PandaDoc: Combines document creation with electronic signature capabilities.
7. Yousign: A user-friendly platform that complies with Chilean eSignature laws.

These providers offer a range of solutions, from simple electronic signatures to advanced digital signature platforms with additional security features.

FAQ: common questions about electronic signatures in Chile

Are electronic signatures legally binding in Chile?

Yes, electronic signatures are legally binding in Chile, provided they meet the requirements set by Law No. 19.799 and other relevant standards.

What is the difference between a simple electronic signature (SES) and an advanced electronic signature (AES)?

An SES includes any electronic method that identifies the signer and shows their intention to sign. An AES, however, has stricter requirements, such as being uniquely linked to the signer, created using means under the signer’s control, and capable of detecting any subsequent changes to the document.

Can all types of documents be signed electronically in Chile?

While most documents can be signed electronically, certain legal documents, such as wills, family law documents and documents requiring notarization, may still require handwritten signatures.

How can I ensure my electronic signature is valid?

To ensure your electronic signature is valid, use a certified provider that complies with Chilean legal standards, such as AES for critical documents.

Do I need a special device to create an electronic signature in Chile?

No special device is required for simple electronic signatures. However, advanced electronic signatures may require specific software or hardware to ensure higher security levels.

Are foreign electronic signatures recognized in Chile?

Chile recognizes foreign electronic signatures if they meet the standards set by Chilean law or if they're covered by international agreements to which Chile is a party.

How can I verify the authenticity of an electronic signature in Chile?

Many electronic signature platforms provide verification tools. For advanced electronic signatures, you can check with the certification authority that issued the digital certificate.

Are there any upcoming changes to the electronic signature laws in Chile?

While no specific changes are imminent, Chile is continually updating its digital transformation initiatives, which may affect electronic signature regulations in the future.

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Electronic signatures have become an integral part of Chile's digital landscape. With a robust legal framework and growing adoption across industries, eSignatures offer a secure and efficient alternative to traditional handwritten signatures. As technology continues to evolve, it's likely that the use and acceptance of electronic signatures in Chile will only increase, further streamlining business processes and legal transactions in the country.

Juro is not a law firm and this article should not be relied on as legal advice.