Are eSignatures Legally Binding in Argentina?

Are eSignatures Legally Binding in Peru?

Electronic signatures are legal in Peru and are recognised by the Peruvian Civil Code, Law of Digital Signatures and Certificates (Law 27269), and Regulation of the Law of Digital Signatures and Certificates (Supreme Decree N 052-2008-PCM), together these make up “Peruvian Law”. Under Peruvian Law, any contract will be enforceable in court, regardless of the format (electronic or handwritten), as long as it proves the parties willingly consent to execute the contract and its contents.

Documents that can be signed electronically

The transaction types below can be signed with an electronic signature in Peru

Life sciences
Healthcare
Banking
Technology sector
Education
NDAs
Corporate resolutions
Procurement
Consumer transactions
Documents to be recorded
Lending

Documents that may not be electronically signed

The following documents can use an electronic signature but caution should be taken:

Documents that are required to be notarised
Agreements to be registered before a Specific Public Registry to be enforceable against third parties
Human resource documents

Types of e-signature permitted in Peru

Peruvian law defines three types of e-signatures:

Electronic signature – a symbol based on electronic means used or adopted by a party with the specific intention of bonding or authenticating a document.
Digital signature – an e-signature that uses an asymmetric cryptography technique based on a unique password pair that links a private and public password.
Digital Signatures Generated within the Official Electronic Signature Infrastructure (DSOESI), the signature is created using a digital certificate supplied by an accredited provider via an electronic signature platform. Due to the additional regulatory requirements associated with DSOESI, it is recognised as having the same validity and legal effectiveness as a handwritten signature.

Notable legality changes since 2020

None.

Publicly Accessible Links to Laws/Regulations Discussed

The Peruvian Legal Framework

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 Peru

Trusted By