Legality and enforceability of electronic signatures in Colombia*

In Colombia, the main electronic signatures law is the Law 527 of 1999. It establishes a regulatory framework for the use of electronic signatures. This law is accompanied by a number of other acts which clarify the rules for the use of electronic signatures within specific industries or narrow use cases, including the Decree 2364 of 2012 (security and reliability requirement for electronic signatures), the Decree 491 of 2020 (use of electronic signatures by state authorities), and the Decree 806 of 2020 (use of electronic signatures in court proceedings).

Colombian laws establish a two-tier electronic signature system distinguishing an electronic signature from a digital signature.

An electronic signature is information generated, sent, received, stored, or communicated by electronic, optical, or similar means, such as, among others, Electronic Data Interchange (EDI), the Internet, email, telegram, telex, or fax.

To be valid, an electronic signature needs to meet the following requirements:

1. It must allow one to identify the sender of the document or the signatory.
2. It has to indicate that the signatory approved the signed content.
3. It is capable of detecting any unauthorized modification of the document after it is signed.

Electronic signatures can take different forms, including codes, passwords, biometric data, or private cryptographic keys, as long as they meet the electronic signature requirements specified above.

A digital signature is a numerical value that is attached to a data message and uses a mathematical procedure, linked to the sender’s key and the message text, allowing to determine that this value has been obtained exclusively with the sender’s key and that the initial message has not been modified after the transformation has been carried out.

Digital signatures must comply with the following requirements:

1. The signature is unique to the person who uses it.
2. The signature’s integrity and authenticity can be verified.
3. It is under the exclusive control of the signatory.
4. It is linked to the signed information in a way that invalidates the signature if any changes were made to the document after it was signed.
5. It complies with the regulations adopted by the government.

An important thing to remember: per Colombian laws, digital signature services can be provided only by the entities accredited to the state to issue digital certificates.

Yes. The parties to the contract have to consent to the use of electronic signatures. It is unclear whether the person’s consent to use an electronic signature may be inferred from the person’s conduct.

According to the general validity rule, in Colombia:

• No information shall be denied legal effect, validity, or binding force on the sole ground that it is in electronic form.
• If the law requires the information to be in writing, that requirement is satisfied by a signature or a document executed in electronic form if the information it contains is available for further access and review.
• It is presumed that an electronic signature retains its authenticity and integrity unless proven otherwise.

The law states that documents signed with an electronic signature shall be admissible as evidence in civil proceedings and have a probative value granted by the law. However, in any administrative or court action, the court needs to determine the effectiveness, validity, binding, and probative force of the document signed with an electronic signature.

In Colombia, there are no specific requirements or limitations for the use of electronic signatures by public entities. However, these entities often tend to avoid using electronic signatures and insist on documents being signed with traditional signatures due to bureaucratic reasons.

In some cases, the law explicitly instructs on the use of electronic signatures. For example, Decree 806 of 2020 provides that special powers for any court action may be signed with an electronic signature without a necessity to use a handwritten or digital signature; in that case, such documents will be presumed authentic and will not require any personal presentation or recognition.

Last updated: September 2024