Legality and enforceability of electronic signatures in Puerto Rico*

• A simple electronic signature is any data in an electronic format that allows one to identify the signatory and indicate their approval of the signed document.
• A digital signature is an electronic signature based on asymmetric cryptography that ensures the signature’s integrity and security.

1. It must be logically associated with the signed message or document.
2. It must allow one to identify the signatory.
3. It must be attributable to the signatory.
4. It must indicate that the signatory approves the information contained in the message or document.
5. Parties to the transaction need to consent to conducting transactions electronically.

1. It must be based at least on the use of PKI technology.
2. It must ensure the integrity of the signed document.
3. It must ensure the link between the owner of a digital signature and the signed document.
4. It must indicate whether the signed document has been altered after the signing.
5. Parties to the transaction need to consent to conducting transactions electronically.

• Succession law transactions (wills, estate inventories, the functions of the accountant-auditor and executor).
• Family law transactions (adoption, child support, custody of minors, marriage, prenup agreements, divorce, etc.).
• Judicial procedures (notices, documents, court orders, resolutions, judgments, etc.).
• Termination of utility services (electricity, water, sewers, telephone, gas, and other).
• Notices related to the lease agreements (failure to comply, acceleration, repossession, execution, eviction, or the right to rectify failures).
• Termination notices on insurance policies, medical insurance plans, or life insurance policies.
• Notary transactions.
• Notices to withdraw a product from the market.
• Public warnings on an essential defect of a product.
• Uniform Commercial Code (UCC) transactions with exceptions (Sections 1–107 and 1–206, Article 2 and Article 2(a)).
• Documents should be enclosed with any hazardous materials, pesticides, or any other toxic substance or material in transporting or handling such substances.
• If the law requires the use of another type of signature.

1. For simple electronic signatures:
   • a. SSAE18 SOC 2 or SOC 3 Report Bridge Letter; OR
   • b. A completed SSAE18 SOC 2, SOC 3, ISO27001, or equivalent security report.
2. For digital signatures:
   • a. Digital certificate provider needs to be:
     • i. A certified WebTrust provider; OR
     • ii. Certified by the Federal Government and the FBPKI/PIV-I program.
   • b. Electronic signature provider needs to comply with SSAE18 SOC 3 or PIV-C standard.

Last updated: September 2024