eSignature Legality in Brazil

emSigner Supports Following Use Cases for Standard Electronic Signatures (SES

Use cases where an SES is typically appropriate include:

• All software license agreements
• Agreements that are commercial in nature between Corporate companies and entities which include purchase orders, service agreements, order acknowledgements, invoices, distribution agreements, NDA’s and sales
• Agreements that deal with HR operations : non-disclosure agreements, invention assignment agreements, and privacy notices

emSigner Works With the Local Trust Service Providers and Supports Following Use Cases For Qualified Electronic Signature (QES)

Use cases where an AES is typically appropriate include:

• Foreign Exchange Currency Agreement (Letter No. 3,280/2005)
• Documents concerning social security, employment tax and contributions and
• Other documents in relation to “Simples Nacional” taxation regime

Use Cases That Are Not Supported or Typically Not Appropriate for Electronic Signatures or Digital Transaction Management Using emSigner

Following are the use cases that are specifically not supported for digital or electronic processes or that includes requirements wherein wet ink or handwritten signatures or formal notarization is required.

• Agreements for the license of patents, industrial designs, trademarks, supply of technology, technical assistance and franchising, such agreements, when signed between a foreign company and a Brazilian company, are required to be registered with the Brazilian Patent and Trademark Office (PTO) for purposes of deductibility and remittance of payments abroad
• Handwritten - power-of-attorney (IT Act not applicable)
• Lease contracts which are required to be registered with a public notary or registry
• Foreign currency exchange agreements have a specific regulation which aims to deter tax and foreign currency evasion and money laundering
• Transactions related to family law such as marriage, adoption, donation, inheritance
• HR documents, including official employee registration documents such as Employment and Social Security Cards
• Corporate documents to be registered with the commercial board of registry
• Agreements related to Real estate transfers and property documents, such as mortgages, which are required to be registered with the Real Estate Registry Offices
• Banking agreements that strictly require handwritten or wet ink signature. Such agreements are required to be registered with a public notary for publication reasons

General Definitions

Simple Electronic Signature (SES)

A Simple Electronic Signature (SES) refers to any electronic data that is logically associated with other electronic data and used by a person to sign. This can include:

• Typing a name at the end of an email,
• Clicking an “I accept” button,
• Pasting a scanned image of a signature, or
• Using a stylus or finger to draw a signature on a touchscreen.

While SES can indicate intent to sign, it lacks advanced identity verification, integrity protection, or security features, making it the least secure type of electronic signature. It is legally valid in many jurisdictions but may not carry strong evidentiary weight without additional context or proof.

Advanced Electronic Signature (AES)

An Advanced Electronic Signature (AES) is a more secure form of electronic signature that must meet the following criteria:

• it is uniquely linked to the signatory
• it is capable of identifying the signatory
• it is created using means that are under the sole control of the signatory, and
• it is linked to the signed data in such a way that any subsequent change in the data is detectable.

AES provides enhanced legal reliability compared to SES and is often supported by multi-factor authentication, encryption, and audit trails.

Qualified Electronic Signature (QES)

A Qualified Electronic Signature (QES) is a type of Advanced Electronic Signature that additionally:

• is created using a qualified signature creation device (such as a secure token or smart card); and
• is backed by a qualified digital certificate issued by a recognized or accredited trust service provider.

QES provides the highest level of trust and legal assurance, and in many jurisdictions (like the EU under eIDAS, India IT Act, etc), it holds the same legal status as a handwritten signature.

Digital Signature

A Digital Signature is a specific technological implementation of an electronic signature that uses asymmetric cryptography. It allows a verifier to:

• confirm that the signature was created using the private key corresponding to the signer’s public key; and
• ensure that the signed message or document has not been altered after signing.

Digital signatures are the underlying cryptographic mechanism used in both AES and QES. They offer strong security guarantees such as authenticity, integrity, and non-repudiation and are often implemented through Public Key Infrastructure (PKI) systems.

External Resources