Legality and enforceability of electronic signatures in Chile*

Are Electronic Signatures Legal in Chile?

Yes. The legal framework for electronic signatures in Chile is established by Law 19.799, usually referred to as the Electronic Signatures Law. Several supplemental laws and regulations, in particular, Decree 181 of July 9, 2022, and Law 21180 on Digital Transformation of the State, also establish the rules for the use of electronic signatures.

Types of Electronic Signatures in Chile

There are two types of electronic signatures in Chile: simple and advanced.

A simple electronic signature is any sound, symbol, or electronic process that allows the recipient of an electronic document to at least formally identify its author.

An advanced electronic signature is an electronic signature that complies with the following requirements:

It is created using means that the signatory maintains under his exclusive control.
It is linked only to the signatory and the data to which it refers.
It makes it possible to detect any modification made to the signed document.
It must contain a mechanism that allows the integrity of the document and the identity of the signatory to be verified.

As a general rule, advanced electronic signature services must be provided by a company accredited to do so in Chile. However, this is not the ultimate rule, and foreign providers can also provide advanced electronic signature services in Chile. If that is the case and if any concerns arise, the court determines on a case-by-case basis whether the foreign provider complies with the provisions of the Chilean laws related to electronic signature certificates and advanced electronic signatures.

Default SignNow electronic signatures qualify as simple electronic signatures in Chile. The signatures provided through the SignNow eID Easy integration comply with the requirements for advanced electronic signatures in Chile.

Electronic Signature Validity in Chile

Chile generally recognizes any electronic signature as valid. It provides that contracts signed with electronic signatures are valid in the same manner and produce the same effects as those entered into in writing and on paper. Likewise, both simple and advanced electronic signatures are considered to have the same legal effect as a handwritten signature for all legal purposes.

The law also establishes the rules for presenting electronic documents in court as evidence. If the document was signed with an advanced electronic signature, it is presumed that it is authentic and has not been altered since the last signing. If the document is signed with a simple electronic signature, its probative value will be determined by the court according to the general rules.

Specific Rules and Prohibitions For the Use of Electronic Signatures in Chile

In Chile, you cannot sign the following documents with electronic signatures:

When the law requires a formality that cannot be fulfilled by using an electronic signature.
When the law requires the personal presence of one of the parties.
Documents and acts related to family law matters, for example, marriage certificates, divorce and adoption papers, etc.

Also, the law requires some types of documents to be signed with an advanced electronic signature:

Public sector documents, for example, excerpts from the state registers.
Court orders - if they are issued in electronic form.
Acts, contracts, and documents of the state authorities.
Company’s incorporation, modification, and dissolution documents.

Be aware that this list of signing scenarios is not exhaustive. Separate laws might provide other requirements for the use or prohibition of electronic signatures.

Do Parties to the Contract Need to Consent to the Use of Electronic Signature?

Chilean laws do not provide direct rules or requirements in this regard. However, according to a general rule, for a contract to be valid, both parties must reach an agreement and manifest their consent, either verbally or electronically.

* Disclaimer: This page is for informational purposes only. This page provides a background on the legal framework for electronic signatures in the respective country. This page is not legal advice and should not be used or relied upon as legal advice. You should seek legal counsel regarding any legal questions you have regarding the use of electronic signatures in this jurisdiction. To the maximum extent permitted by law, airSlate provides this page and the material on this page on an “as-is” basis. airSlate disclaims and makes no representation or warranty of any kind with respect to this page or the material on this page, express, implied, or statutory, including representations, guarantees, or warranties of merchantability, fitness for a particular purpose, or accuracy.

Last updated: September 2024