eSignature Legality Guide
eSignature Legality in Colombia
Colombia legally recognizes electronic signatures, as established by Law 527 of 1999, Decree 2364 of 2012 (included in Decree 1074 of 2015), Decree 491 of 2020, and Decree 806 of 2020.
E-Signature Legality Summary
Law 527 of 1999 governs electronic commerce and establishes the legal framework for electronic and digital signatures, as well as electronic records (data messages). Key provisions include:
- Article 2: defines data messages;
- Article 2: defines digital signatures;
- Article 6: states that legal requirements for written documents can be fulfilled by data messages, provided the information is accessible for future reference;
- Article 7: states that signature requirements are met if a mechanism is used that identifies the sender of a data message and indicates their approval, and that a reliable method is used to ensure this;
- Article 10: allows data messages to be used as evidence in administrative and judicial proceedings;
- Article 28: sets out requirements for the enforceability of digital signatures; and
- Chapter III: outlines the rules for digital signature certificates.
Decree 2364 of 2012 distinguishes between electronic signatures in general and digital signatures as a specific type of electronic signature. Notable provisions include:
- Article 1: defines electronic signatures;
- Articles 3 and 4: confirm the enforceability of electronic signatures;
- Article 4: establishes reliability requirements for electronic signatures; and
- Article 8: sets security requirements for electronic signatures.
Notable Changes in E-Signature Law Since 2020
Decree 526 of 2021 addresses the use of electronic signatures in employment contracts, allowing such contracts to be validly signed with either digital or electronic signatures.
Law 2121 of 2021, which regulates remote work, also permits remote employees to sign their contracts using digital or electronic signatures.
Types of Permitted Electronic Signature
An electronic signature refers to any reliable and suitable method for identifying a person in relation to a data message, such as codes, passwords, biometric data, or cryptographic keys.
To be considered reliable and enforceable, an electronic signature must:
- Enable identification of the signer; and
- Use a mechanism that can detect any changes made to the data message after the signature is applied.
A digital signature, which is a subset of electronic signatures, is a numeric value added to a data message. It is generated using a known mathematical process applied to the message text and the signer's password, ensuring that the value was created solely with the signer's password and that the message has not been altered after signing.
Additionally, digital signatures must be verified by a certificate issued by an authorized certification entity.
Documents That May be Signed Electronically
In general, any document that can be signed manually can also be signed electronically. There are typically no special formalities; any electronic signature or digital signature that meets the legal definitions may be used.
Further Guidance
An electronic signature has the same legal validity and effect as a handwritten signature if it is deemed reliable and appropriate. Digital signatures, on the other hand, are presumed valid due to accreditation by the authorized Colombian body (the National Accreditation Organism, “ONAC”).
ONAC maintains a searchable directory of entities accredited to issue digital signature certificates.
For contracts, Law 527 of 1999 provides that, unless otherwise agreed by the parties, offers and acceptances may be made via data messages. Data messages include information generated, sent, received, stored, or communicated by electronic, optical, or similar means, such as EDI, the Internet, email, telegram, telex, or fax. Therefore, a contract’s validity or enforceability cannot be denied solely because data messages were used in its formation.
Additional laws and regulations may apply to the use of electronic signatures by specific regulators, government authorities, or private parties acting in a public capacity or interacting with such authorities.
Enforcement Penalties for Non-Compliance
Colombian law does not specify penalties for non-compliance in the use of electronic or digital signatures. However, if the legal requirements for validity are not met, the electronically signed documents may not be enforceable.
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: April 26, 2023