Are eSignatures Legally Binding in Uruguay?

Electronic signatures are legal in Uruguay and have been since 2009 and the introduction of the Electronic Document and Signature Act. In Uruguay, contracts don’t necessarily need a written signature in order to be valid, as long as the parties reach some form of agreement, whether it is verbal, electronic, or written in physical documents. To prove contract validity, parties may have to present evidence in court. Digital transaction solutions can provide electronic records that are admissible as evidence under the Uruguayan Civil Code.

Documents that can be signed electronically

Simple Electronic Signatures (SES) are acceptable for the following types of transactions:

Transfers of intangible property
Commercial agreements between corporate entities
Software license agreements
Residential and commercial lease agreements (excluding termination notices for residential leases)
Consumer agreements
Copyright, patent, and trademark licenses
HR documents, including standard employment contracts, non-disclosure agreements (NDAs), and privacy notices

For certain types of documents, a more secure Advanced Electronic Signature (AES) or Qualified Electronic Signature (QES) may be required. These include:

Loan Agreements – AES
Labour Contracts, or labour contracts with a fixed term – AES
Settlement Agreements – AES
Contracts with obligations valued over 100 Readjustable Units – AES
Insurance Agreements – AES
Lease Agreements for Rural Estate Properties and Sharecropping – AES

Documents that may not be electronically signed

Certain types of documents require handwritten signatures or involve formal processes that are incompatible with electronic signatures. These include:

Lifetime Annuity Contracts
Family Law Contracts, such as marriage contracts
Trust Contracts
Articles of Incorporation for a company or corporation
Certain Guarantee Contracts, such as mortgage contracts
Contracts for the Purchase or Transfer of Real Property
Contracts Governed by Inheritance Law, such as inheritance agreements

Types of e-signature permitted in Uruguay

Advanced Electronic Signature (AES):
An advanced electronic signature must meet the following requirements:
- It is uniquely linked to the signer.
- It allows for the identification of the signer.
- It is created using methods under the signer’s control.
- It is connected to other signature data in such a way that any alterations can be detected.
Qualified Electronic Signature (QES):
A qualified electronic signature is a specific type of digital signature that complies with government standards. It must be created using a secure signature creation device and is certified as “qualified” either by the government or a third-party entity authorized by the government.

Notable legality changes since 2020

None.

Publicly Accessible Links to Laws/Regulations Discussed

Electronic Document and Signature Act

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 Uruguay

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