eSignature Legality Guide

Peruvian Law recognizes three main types of electronic signatures:

• Electronic Signature: Any electronic symbol used or adopted by a person with the intent to sign or authenticate a document, performing all or some of the functions of a handwritten signature.
• Digital Signature: A type of Electronic Signature that uses asymmetric cryptography, involving a unique pair of keys (private and public) that are mathematically linked, ensuring that the private key cannot be derived from the public key.
• Digital Signatures Generated within the Official Electronic Signature Infrastructure (“DSOESI”): These are digital signatures created using a digital certificate issued by a provider accredited by the National Institute for the Defense of Competition and the Protection of Intellectual Property (“INDECOPI”) through an electronic signature platform. According to Peruvian Law, a digital certificate is an electronic document, digitally signed by a certification authority, that links a key pair to a specific individual and confirms their identity. Because of the additional regulatory requirements for DSOESI, this advanced digital signature is considered to have the same legal validity and effect as a handwritten signature, and it carries a legal presumption that makes it more difficult for a signer to repudiate the signature.

The following types of documents may be signed using any form of electronic signature:

• Procurement
• Corporate Resolutions
• NDAs
• Healthcare
• Banking
• Lending
• Education
• Life Sciences
• Technology sector
• Documents to be Recorded
• Consumer Transactions.

The following documents can also be executed electronically without affecting their validity, but extra care is recommended:

• Agreements that must be registered with a specific public registry to be enforceable against third parties
• Documents that require notarization
• Human Resources Documents.

DSOESI signatures under Peruvian law benefit from a legal presumption that makes it harder to repudiate or deny this type of electronic signature.

If a signature that is not a DSOESI is used and its validity is disputed, the party relying on the signature may need to provide additional evidence to prove its validity. This could include proof of (i) signer authentication, (ii) the signer's consent, including agreement to use the specific type of electronic signature, (iii) absence of tampering after the signature was applied, and (iv) an audit trail documenting all actions taken by the signer.