eSignature Legality Guide
eSignature Legality in Chile
Electronic signatures are legally valid in Chile, as established by Law 19.799 on electronic documents, electronic signatures, and certification services (“Electronic Signature Law”), Decree 181/2002, which sets out the Regulations of the Electronic Signature Law, and Law No. 21,180, concerning the Digital Transformation of the State.
E-Signature Legality Summary
The Electronic Signature Law governs the use and legal effects of electronic documents and signatures, the provision of certification services, and the accreditation process for certification service providers to ensure secure usage (Art 1°). It defines key terms such as "Electronic Signature Certificate," "Certification Service Provider," "Electronic Document," "Electronic Signature," and "Advanced Electronic Signature" (Art 2°). The Regulations of the Electronic Signature Law further detail the technical aspects of these provisions.
Types of Electronic Signature
According to the Electronic Signature Law, an electronic signature is defined as "any sound, symbol, or electronic process that enables the recipient of an electronic document to at least formally identify its author." The law distinguishes between a simple electronic signature and an Advanced Electronic Signature. The latter is "certified by an accredited provider, created using means exclusively controlled by the holder, linked solely to the holder and the relevant data, allowing detection of any changes, verifying the holder’s identity, and ensuring the document’s integrity and authorship."
Both simple and Advanced Electronic Signatures require an “Electronic Signature Certificate” to confirm the connection between the signer and the signature creation data. The main difference is that an Advanced Electronic Signature is certified by an accredited provider and can be used to sign any document or instrument, whether public or private, while a simple Electronic Signature is any electronic signature not certified by an accredited provider.
Documents That May be Signed Electronically
The following types of documents can be signed with a simple Electronic Signature (which, as mentioned, requires an Electronic Signature Certificate):
- HR
- Procurement
- Corporate Resolutions
- NDAs
- Software Licensing
- Healthcare
- Banking
- Real Estate
- Lending
- Chattel Paper
- Insurance
- Education
- Life Sciences
- Technology sector
- Documents to Notarized
- Documents to be Recorded
- Consumer Transactions
- Government Filings
Further Guidance
Certain documents require the use of an Advanced Electronic Signature, including:
- Documents for the incorporation, modification, dissolution, or annotation of companies;
- Official public documents in electronic form (such as Civil Registry certificates or certificates from the Real Estate Registrar); and
- Judicial mandates issued as electronic documents
The following also have specific restrictions when signed electronically or with an Advanced Electronic Signature:
- Government Filings
- Documents to be Notarized
DISCLAIMER: The content provided on this website is for general informational purposes only and does not constitute legal advice. Laws and regulations may change rapidly, and DocuSign cannot ensure that all information presented here is up to date or accurate. If you have specific legal questions regarding any information on this site, please consult a qualified attorney in your jurisdiction.
Last updated: September 7, 2021