Are eSignatures Legally Binding in Chile?

Electronic signatures are legal in Chile and are regulated by Law 19.799, which covers electronic documents, signatures, and certification services of e-signatures (Electronic Signature Law). This law governs the use and legal effects of e-signatures, the provision of certification services for signatures, and the accreditation process which involves providers of certification services to ensure the security of their use. It also establishes a framework for applying electronic signatures as well as definitions of relevant concepts.

Documents that can be signed electronically

The below categories/document types can be signed using an electronic signature in Chile:

Education
Insurance
Healthcare
Chattel paper
Software licensing
NDAs
HR
Banking
Corporate resolutions
Procurement
Life sciences
Consumer transactions
Documents to be recorded
Lending
Real estate

Documents that may not be electronically signed

Whilst the above examples can be signed with a simple electronic signature (which still requires an Electronic Signature Certificate) there are some use cases where only an advanced electronic signature is permitted, such as:

Public documents in electronic format
Judicial mandate granted in electronic document
Forms for the incorporation, modification, dissolution, or annotations of companies

There are also some use cases where the use of electronic signatures is restricted, including government filings and documents to be notarised.

Types of e-signature permitted in Chile

The Electronic Signature Law defines two types of e-signature: simple and advanced. An advanced electronic signature is certified by an accredited provider, created using means that ensure the signer has exclusive control, it is linked to and uniquely identifies the signer and any modification to the signature and document can be detected.

In Chile, both simple and advanced e-signatures require an Electronic Signature Certificate to confirm the link between the signer/holder of the certificate and the creation data of the electronic signature. The main difference between simple and advanced signatures is that advanced signatures are certified by an accredited provider, whereas a simple e-signature is any signature that is not advanced and so hasn’t been issued by an accredited provider.

Notable legality changes since 2020

None.

Publicly Accessible Links to Laws/Regulations Discussed

Electronic Documents, Electronic Signatures, and Certification Services of Signatures

Disclaimer

The content provided on this website is meant for general informational use only and does not constitute legal advice. Legal regulations on this topic can evolve rapidly, so E-Sign does not ensure that the information presented here is always up-to-date or accurate. If you have particular legal concerns regarding any details on this site, it is recommended that you consult with a licensed attorney in your jurisdiction.

Last Updated 9th October 2024

The Legality of eSignatures in Chile

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