Electronic Signature Laws & Regulations - Chile

Overview

In Chile, the use of electronic signatures is common and widely used in both the public and private sectors. Under Chilean regulations, electronic signatures have the same legal value as a handwritten or wet signature.

In Chile, the main regulations regarding electronic signatures are:

  • Law No. 19.799 (“Electronic Signature Law”)
  • Decree No. 181/2002, which establishes the Regulations of the Electronic Signature Law ("Regulations of the Electronic Signature Law"); and
  • Law No. 21,180, on Digital Transformation of the State ("Digital Transformation Law").

There are also some technical regulations to note:

  • Decree No. 24/2019. ("Technical Standard for the Provision of Advanced Electronic Signature Certification Services"); and
  • Supreme Decree No. 83/2004 (“Technical Standard for Governmental Entities on Security and Confidentiality of Electronic Documents”)

Types of Electronic Signatures

Under Chile’s regulatory framework, there are two types of electronic signatures:

  1. Electronic Signature (“ES”), also called Simple Electronic Signature, which consists in "any sound, symbol or electronic process, which allows the receiver of an electronic document to identify at least formally its author"; and
  2. Advanced Electronic Signature (“AES”)., which is the electronic signature “certified by an accredited provider, which has been created using means that the holder keeps under his exclusive control, so that it is linked only to him and to the data to which it refers, allowing the subsequent detection of any modification, verifying the identity of the holder and preventing him from not knowing the integrity of the document and its authorship.". An AES requires the use of a provider that is accredited before the Accreditation Agency.

Note that when using an ES, signers commonly still choose to use a certificate based signature in order to attest a link between the signer or holder of the certificate and the creation data of the electronic signature. In this case, the difference between a certificate-based ES and an AES is that the AES is certified by an accredited provider.

Use Cases for Electronic Signatures

The general rule in Chile is that electronic signatures have the same presumption of enforceability/admissibility as a handwritten or wet signatures.

In addition, generally ES and AES can be used indistinctly to execute all kinds of acts and contracts such as: contracts; purchase orders; bills of exchange; payment receipts; reports; insurance policies; certifications; legal documents; minutes; notifications; resolutions; powers of attorney; permits; etc.

Note, there are two types of exceptions to this general rule: (i) documents that must use AES; and (ii) documents that cannot be executed electronically.

(i)     The following documents if signed electronically must be signed using AES:

  • forms for the incorporation, modification, dissolution or annotations of companies of the Registry of Companies and Society must be subscribed with the AES of the incorporators, partners or shareholders;
  • public documents in electronic format must bear the AES of the issuing official, for example a Civil Registry certificate or certificate from the Real Estate Registrar; and
  • any judicial mandate granted in electronic document.

(ii)    The following documents cannot be signed electronically:

  • when the law requires a solemnity that cannot be fulfilled by means of an electronic document;
  • when the law requires the personal concurrence of any of the parties; and
  • acts related to family law, such as marriages, divorce, adoption, and deaths.

Special considerations

Transacting with public sector entities

In Chile, the government entities normally use electronic signature. However,  there are some special rules to consider such as: (i) Article 8° of Electronic Signature Law, which establishes that individuals may interact with government agencies through electronic techniques and means with electronic signatures, provided that they comply with the procedure described by law and that such techniques and means are compatible with those used by such agencies; (ii), Article 7° of the same Law, which  authorizes government agencies to use ES; but indicating that, AES is required for public instrument; (iii) article 9° and 10, which establish that  the certification of the AES of the authorities or officials of the organs of the State shall be carried out by the respective certifying officers, and the regulations applicable to the corresponding government agencies shall regulate the manner in which the publicity, security, integrity and effectiveness in the use of the electronic signatures.

Finally, also note that there is a specific Technical Standard for Governmental Entities on Security and Confidentiality of Electronic Documents.

Note:

Disclaimer: Information on this page is intended to help businesses understand the legal framework of electronic signatures. However, Adobe cannot provide legal advice. You should consult an attorney regarding your specific legal questions. Laws and regulations change frequently, and this information may not be current or accurate. To the maximum extent permitted by law, Adobe provides this material on an "as-is" basis. Adobe disclaims and makes no representation or warranty of any kind with respect to this material, express, implied or statutory, including representations, guarantees or warranties of merchantability, fitness for a particular purpose, or accuracy.

Get help faster and easier

New user?