Yes. The legal framework for electronic signatures in Chile is established by the Law 19.799, usually referred to as the Electronic Signatures Law. Apart from it, there are several supplemental laws and regulations which establish the rules for the use of electronic signatures, in particular the Decree 181 of July 9, 2022 and the Law 21180 on Digital Transformation of the State.
Types of Electronic Signatures in Chile
There are two types of electronic signatures in Chile, a simple electronic signature and an advanced electronic signature.
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:
01
It is created using means that the signatory maintains under his exclusive control.
02
It is linked only to the signatory and the data to which it refers.
03
It makes possible to detect any modification made to the signed document.
04
It must contain a mechanism that allows verifying the integrity of the document and the identity of the signatory.
As a general rule, advanced electronic signature services must be provided by a company accredited to do so in Chile. However, it is not an ultimate rule and foreign providers also can provide advanced electronic signature services in Chile. If that is the case and if any concerns arise, the court on a case-by-case basis determines whether the foreign provider complies with the provisions of the Chilean laws related to electronic signature certificates and advanced electronic signatures.
pdfFiller electronic signatures qualify as simple 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 the document is authentic and was not altered since the moment of 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 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 on the use or prohibition of use of electronic signatures.
Do Parties to the Contract Need to Consent to the Use of Electronic Signature?
Chilean laws do not provide a direct rule 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
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