eSignature Legality Summary
eSignatures are legally valid and admissible in the court of law. Chile follows a hierarchical root of trust model where eSignatures or digital signatures issued by a Certifying Authority are considered legally valid. Specific use cases for eSignatures are indicated in the Act.Under Chilean law, Act N°19.799 highlights that a handwritten signature isn’t always needed for a contract to be considered credible, and that contracts can’t be refused for simply being electronic. They’ll usually be seen as such as long as legally able individuals have reached an agreement (this can be by agreeing verbally, electronically or by physically signing something). To prove a valid contract, parties sometimes have to present evidence in court. Leading digital transaction management solutions can provide electronic records that are admissible in evidence under Section 3 of Act N°19.799, to support the existence, authenticity and valid acceptance of a contract.
*The information on this site is "AS IS" and for general information purposes only.Use Cases for eSignatures ?
Use cases where an SES is typically appropriate include:
- Speedy HR document preparation with preapproved templates, easy update of each employee, new employee onboarding processes as well as 360 degree view of employee files.
- End user agreements including sales & service terms, new retail account opening documents, invoices, shipment details, user manual, EULAs, policies
Use Cases for Qualified Signatures ?
Use cases where an AES is typically appropriate include:
- Purchase, procurement and commercial agreements including invoices, trade and payment terms, certificates, NDAs, sales & distribution agreements, order acknowledgements.
- Real estate lease agreements for residential and commercial purpose
Use Cases that are not appropriate for Electronic Signatures
Use cases that are specifically barred from digital or electronic processes or that include explicit requirements, such as handwritten (e.g. wet ink) signatures or formal notarial process that are not usually compatible with electronic signatures or digital transaction management.
- Notarization - sale or transaction relating to real estate property (Article 1801 Civil Code)
- Notarization - mortgage and pledge (Article 2469 Civil Code)
- Notarization - notarial promissory notes (Article 434 Civil Procedure Code)
- Notarization - incorporation and amendments to legal entities and family law acts and contracts (Article 350 Commerce Code, Article 425 Commerce Code, Article 3 Act 18.046)
- Notarization - solemn will (Article 1014 Civil Code)
- Notarization - mercantile pledge (Article 815 Commerce Code, Article 2 Ley de Prenda Sin Desplazamiento)
- Notarization - family law matters such as pre-nuptial agreements, separation agreements, etc.
- Termination Notices
- Consumer Loan Agreements
List of Local Trust Service Providers
| Institute | Regulatory Body/CA/DSC Providers | Supported by emSigner | Website |
|---|---|---|---|
| Signature South Consulting | CA | Yes | https://www.southconsulting.com/en/pages/chile-coverage/ |
“Digital Signature” means a transformation of a message using an asymmetric cryptosystem such that a person having the initial message and the signer’s public key can accurately determine
(a) whether the transformation was created using the private key that corresponds to the signer’s public key;
(b) whether the message has been altered since the transformation was made
[1] An AES is an “advanced electronic signature”, a type of electronic signature that meets the following requirements:
(a) it is uniquely linked to the signatory;
(b) it is capable of identifying the signatory;
(c) it is created using means that are under the signatory’s sole control;
(d) it is linked to other electronic data in such a way that any alteration to the said data can be detected.
[2] A QES is a specific digital signature implementation that has met the particular specifications of a government, including using a secure signature creation device, and been certified as ‘qualified’ by either that government or a party contracted by that government.
External Resources
https://www.leychile.cl/Navegar?idNorma=201668&idParte=&idVersion=
eMudhra, and all associates including agents, officers, employees or affiliates, are not liable for any direct, indirect, incidental, special, exemplary or consequential damages.