Global eSignature Compliance Guide Select A Country
Peru

eSignature Legality in Peru

Peruvian law states that a handwritten signature is not necessarily required for a contract to be seen as “valid”. Contracts are valid as long as legally competent individuals have reached an agreement - agreeing verbally, electronically, or by physically signing – article 1373 of Civil Code). Specifically, Articles 141-A and 1374 of the Peruvian Civil Code denote the enforceability of the contracts based on agreements concluded orally, in writing or electronically and cannot be dismissed on the grounds that they are electronic in nature.

Country Flag

The parties involved may have to provide additional evidence under articles 233 and 234 of Peruvian Civil Procedure Code to assure the court that content in the document is unaltered, and if some facts that contradict its validity may arise during the process, the Judge can analyze it on a case-by-case basis to find sufficient evidence that can prove the authenticity and validity of the contract.

*The information on this site is "AS IS" and for general information purposes only.
General Business Use (Yes)

Whilst 100% legal; there are exceptions for very specific types of transactions. It is still up to the discretion of the independent user, or governing body, whether they are used or not. As each business needs are different and the agreements themselves may vary. We always advise you to speak with an authority within your businesses category.

Court-Admissible (Yes)

Each country has its own regulations that determine whether an electronic signature is seen as legal or not. So, as long as your electronic signature adheres to these, a signature won't be rejected simply for not being handwritten.

e-Signature Legal Model (Tiered)

Peru’s legal model is a tiered one. This means that Qualified ElectronicSignatures are seen as a legal type of e-signature. This doesn’t mean that a non-QES e-Signature can’t be submitted in court, but it will need extra evidence to support it.

Use Cases for eSignatures

  • Employment Contracts, benefits paperwork and other new employee onboarding processes, but not termination notices
  • Commercial agreements between corporate entities including NDAs, procurement documents, sales agreements
  • Consumer agreements including new retail account opening documents
  • Certain real estate documents including Lease agreements, certain purchase and sales contracts

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

  • Bail
  • Assignment of rights
  • Extrajudicial settlement
  • Asset custody agreement
  • Partition of inheritances
  • Movable property donation when its value exceeds a certain amount
  • Supply contracts when they are carried out as a liberality

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 electronicprocesses or that includes requirements wherein wet ink or handwritten signatures or formal notarization is required for Public deed.

  • Certain powers of attorney (Article 156 of Peruvian Civil Code)
  • Mortgages (Article 1098 of Peruvian Civil Code)Mortgages (Article 1098 of Peruvian Civil Code)
  • Antichresis (Article 1092 of Peruvian Civil Code)
  • Certain wills (Article 696 of Peruvian Civil Code)
  • Certain real estate agreements such as real property transfer, donation of estateproperty, but not but not lease contracts and other contracts related to real estate, which can be validly signed using any form of electronic signature (Article 1625 of Peruvian Civil Code)
  • Incorporation of civil legal entities and all acts that entail a change of company’s Bylaws (Article 5 of the General Law of Corporations; Article 81 and 100 of Peruvian Civil Code)
  • All acts and/or agreements that are accessory to agreements executed by public deed
  • Family law documents such as wills, waiver of inheritance, establishment of family assets, partition of inheritance, marriage/prenuptial separation of goods (Article 675 and 496 of Peruvian Civil Code)

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

http://mddb.apec.org/documents/2007/ECSG/SYM1/07_ecsg_sym1_013.pdf
DISCLAIMER

This information is intended to help you understand the legal framework of electronic signatures. However, eMudhra cannot provide legal advice. The law of electronic signatures is constantly evolving. This guide is not intended as a legal advice and should not serve as a substitute for professional legal advice. You should consult an attorney regarding any specific legal concerns. eMudhra, and all associates including agents, officers, employees or affiliates, are not liable for any direct, indirect, incidental, special, exemplary or consequential damages.