Electronic Signature Guide

Yes, there is.

Electronic Signature/Advanced or Reliable Electronic Signature

Yes, the explanation indicates that in the case of Webdox that provides a Simple Electronic Signature service, it has MIFIEL, an accreditation service provider which is not accredited by the Secretariat of Economy.

1) Mexican Civil Code. 2) UNCITRAL Model Law on Electronic Signature. 3) Mexican Commercial Code and its amendments. 4) Advanced Electronic Signature Law. 5) Official Mexican Standard NOM-151-SCFI-2016. 6) Regulations of the Commercial Code regarding the provision of certification services. 7) General rules that certification service providers must comply with.

Yes, in the case of Webdox, your Simple Electronic Signature is certified by Digicert, an international company known worldwide for its prestige in identity validation, electronic signature and IT security among other advantages.

The Secretariat of Economy and the Bank of Mexico.

1) Advantage Security, S de R.L. de C.V. 2) PSC World, S.A. de C.V. 3) CECOBAN, S.A. de C.V. 4) Edicomunicaciones México, S.A. de C.V. 5) Seguridata Privada. S.A. de C.V. 6) Legalex, S.A.de C.V. y 7) SAT Servicio de Administración Tributaria (Tax Administration Service).

Yes, article 1804 of the Federal Civil Code of Mexico in its article 1804 states that “consent may be express or tacit” I. It will be express when the will is expressed verbally, in writing, by electronic, optical means or by any other technology, or by unequivocal signs.

Their validity is agreed upon by the parties.

If it complies with the attribution, integrity, and accessibility guarantee requirements, it has the legal value of Reliable.

Yes, there is the NOM 151-SCI-2016 standard that aims at regulating the characteristics that data message preservation records must-have when signing electronic documents and also defines the elements necessary for the digitization of physical documents. 

There are no special hearings to test electronic documentation in court, except for the means of proof indicated in (article 93) of the General Code of Civil Procedure (for example, expert evidence)

The jurisprudence of Electronic Signature in Mexico

Technically, any document can be signed by an electronic signature, for example with the one called FIEL unless specific legislation prohibits it. It is common that documents related to family law and those that require the intervention of a notary are not electronically signed.

No treaties were found between Mexico and other countries regarding the validity of the electronic signature.

Yes, it can be used through its simple electronic signature with Digicert certificate and it is also integrated with MIFIEL to provide advanced electronic signature services.

Yes, it is mentioned in the body of the contract and in its conclusions.

N/A

Yes, there is.

Simple Electronic Signature and Advanced Electronic Signature

Yes, the explanation indicates that in the case of Webdox that provides a Simple Electronic Signature service, it has an accreditation service provider Digicert, which is not accredited.

1) Law No 19,799. On electronic documents, electronic signature and certification services of said signature. 2) Supreme Decree No 181. It approves Regulation of the Law 19,799 On electronic documents, electronic signature and certification services of said signature. 3) Supreme Decree No 83. It approves the technical standard for the state administration organs on security and confidentiality of electronic documents. 4) Law No 20,217. It modifies the Code of Civil Procedure and Law No 19,799 on electronic documents, electronic signature and the certification services of said signature. 5) Law No 19,628. On protection of private life. 6) Law 19,880. It states the basis for the administrative procedures ruling the acts by the state administration bodies. 7) Supreme Decree No 93. It approves the technical standard for the adoption of measures aimed at minimizing the adverse effects of unsolicited massive electronic messages received in the electronic mailboxes of the state administration bodies and its officers. 8) Supreme Decree No 154 that modifies Decree No 181 from 2002 which approves Regulation of Law No 19,799 on electronic documents, electronic signature and the certification of said signature. 9) Supreme Decree No 14 that modifies Decree No 181 from 2002 which approves Regulation of Law No 19,799 on electronic documents, electronic signature and the certification of said signature.

Yes, in the case of Webdox, your Simple Electronic signature is certified by Digicert, an international company known worldwide for its prestige in identity validation, electronic signature and IT security among other advantages.

In Chile, it is the Undersecretariat of Economy, Development, and Tourism.

1) E-CERT Chile. Accredited according to R.A.E. No 317 from August 14th, 2003, by the Undersecretariat of Economy, Development and Reconstruction. 2) ACEPTA.com. Accredited according to R.A.E. No 650 from October 21st, 2004 by the Undersecretariat of Economy, Development and Reconstruction. 3) E-SIGN S.A. Accredited according to R.A.E. No 330 from June 1st, 2005 by the Undersecretariat of Economy, Development and Reconstruction. 4) CERTINET S.A. Accredited according to R.A.E. No 380 from July 21st, 2006 by the Undersecretariat of Economy, Development and Reconstruction. 5) E-PARTNERS (Paperless). Accredited according to R.A.E. No 172 from January 30th by the Undersecretariat of Economy and Smaller Companies. 6) TOC. Accredited according to R.A.E. No 1902 from June 17th, 2016 by the Undersecretariat of Economy and Smaller Companies. 7) BPO-Advisors (IDOK). Accredied according to R.A.E. No 2696 from Novemeber 6th, 2017 by the Undersecretariat of Economy and Smaller Companies.

Yes, all those documents or contracts that, according to the Law (article 3) states: 1) Those in which the law requires a solemnity that cannot be fulfilled by electronic document; 2) Those in which the law requires the personal concurrence of any of the parties, and 3) Those related to family law. For example: The Pledge, Mortgage, Real Estate Sale Agreements. Any matter in which personal concurrence of any of the parties is required as for example the ratification by the worker of their termination of the employment contract. There is currently a bill (Bulletin 8466-07) that modifies Law No. 19,799 on electronic documents, electronic signature, and certification services for said signature, and other legal texts that it indicates.

Yes, there is.

According to the principle of will autonomy, the parties can apply binding force to the simple electronic signature.

The Simple Electronic Signature has probative value according to the general standards stipulated in the Code of Civil Procedure (Title XI “Of the Means of Evidence in Particular” articles 341 and following). In case of objection, the person issuing the signature must prove its authenticity.

The Advanced Electronic Signature has the probative value of Full Evidence, the burden of proof and objection is transferred to whoever alleges it as false.

No. According to the history of the Law, the regulation should establish the technical conditions for the generation, filing, communication, and preservation of the integrity of the signed electronic document, so that the judge could weigh standards which is the objective to control the admissibility of the electronic documents.

Documentary Perception Hearing, (Article 348 bis) whose purpose is to present the electronic file to the opposing party for it to be accepted or objected to.

Simple Electronic Signature, according to the general rules of the Civil Procedure Code, the Advanced Electronic Signature “Full Evidence”.

Jurisprudence Simple Electronic Signature and Advanced Electronic Signature in Chile.

Yes, all those documents or contracts that, according to the Law (article 3) states: 1) Those in which the law requires a solemnity that cannot be fulfilled by electronic document; 2) Those in which the law requires the personal concurrence of any of the parties, and 3) Those related to family law. For example: The Pledge, Mortgage, Real Estate Sale Agreements. Any matter in which personal concurrence of any of the parties is required as for example the ratification by the worker of their termination of the employment contract. There is currently a bill (Bulletin 8466-07) that modifies Law No. 19,799 on electronic documents, electronic signature and certification services for said signature and other legal texts that it indicates.

Chile - Argentina Agreement

Yes.

Yes, it is mentioned in the body of the document and its conclusions.

Unique key

Yes, there is.

Electronic Signature / Digital Signature

Yes, the explanation indicates that in the case of Webdox that provides a Simple Electronic Signature service, it has Digicert, an accreditation service provider which is not accredited.

1-Law of Digital Signatures and Certificates, No. 27,269 published on May 28th, 2000, modified by Law No. 27,310 from July 17th, 2000. 2- Regulation of the Law of Digital Signatures and Certificates, Supreme Decree, No. 052-2008-PCM, published on July 19th, 2008, modified by Supreme Decree No. 070-2011-PC; published on July 27th from 2011. 3- Law No. 27,291, Law that modifies the Peruvian Civil Code allowing the use of electronic means for the communication of the manifestation of the will and the use of the electronic signature, modifying articles 141 and 1374 of the Civil Code and adding the article 141-A.

Yes, in the case of Webdox, your Simple Electronic signature is certified by Digicert, an international company known worldwide for its prestige in identity validation, electronic signature and IT security among other advantages.

In the private sphere, it is the Institute for the Defense of Competition and the Protection of Intellectual Property (INDECOPI) and in the public sphere it is the National Registry of Identification and State (RENIEC)

1. Acepta Perú; 2. Auraportal Perú S.A.C.; 3. BigDavi S.A.C.; 4. BigPrime S.A.C.; 5.Bit4ID S.A.C.; 6. BMTech Perú S.A.C.; 7. Camerfirma Perú S.A.C. 8. Celer S.A.C. 9. Sociedad Cameral de Certificación Digital Certicamara-Sucursal Perú. 10. Cel Sat (Perú).Com S.A.C. 11. Complexless S.A.C. 12. Consorcio Nacional de Ingeniería S.A. 13 Cire Andina Group S.A.C. 14. Data Mining Solutions E.I.R.L 15. Digital Security Network S.A.C. 16. DNP Corp S.A.C. 17. Girasol Pe S.C.R.L 18. Evicertia Perú S.A.C. 19. Indenova Sucursal del Perú 20. innova Digital Solutions S.A.C. 21. National Institute of Defense of Competition and the Protection of Intellectual Property (INDECOPI)22 Inversiones Rio Chico S.Ac.C. 23. Iofe S.A.C. 24 Ivnosys Perú S.A.C. 25 Gestión de Soluciones Digitales S.A.C. 26. Gramd Peruana S.A.C. 27. Logiflex Consulting S.A.C. 28. Llama Pe S.A. 29. lolimsa Consultoría de Sistemas S.A.C. 30. Microsoft Corporation. 31 Ministry of Domestic Trade and Tourism - Mincetur. 32. National Office of Electoral Processes 33. Social Security Office of the Armed Forces of the Ministry of Defense. 34. Perú Secure eNet S.A.C. 35. Peruvian Judiciary. 36. National Registry of Identification and Civil State (RENIEC) Royal System S.A.C. 38. Senda TI Solutions S.A.C. 39 Soluciones Aplicadas en tecnologia Avanzada 40. Suiza Lab S.A.C. 41. Superintendence of Securities Market 42. National Superintendence of Customs and Tax Administration SUNAT 43. Superintendence of Bank, Insurance and Pension System 44. Soft & Net Solutions S.A.C. 45. Salmón Corp S.A.C. 46. Toc Perú S.A.C. 47. Thomas Signe de Perú S.A. 48. T-Integro S.A.C. 49. Universidad Peruana Union. 50. Viettel Perú S.A.C. 51Zy Trust S.A.

It is possible, according to article 141 of the Peruvian Civil Code “The manifestation of the will can be express or tacit. It is express when it is done orally or in writing through any direct, manual, mechanical, electronic or other similar means “.

Yes, the main regulatory standards are i) The Law 527 from 1999; and ii) the Decree 2634 from 2012.

There are three types of virtual signatures based on what article 7 of Law 527 from 1999 states: i) digital signatures; electronic signatures; and iii) certified electronic signatures.

In the case of Colombia, the electronic signature may not be certified and the report explains the difference between an electronic signature and a certified electronic signature which must be certified by an entity accredited by the National Accreditation Body of Colombia ONAC.

A) Laws:
1) Law 527 of 1999, published on August 21st, 1999. Through which the access and use of data messages, electronic commerce, and digital signatures are defined and regulated, and certification entities are established and other provisions are issued. 2) Law 964 from 2005, article 12 Book entry and article 13 Probative Value and Authenticity of the Certifications Issued by the Centralized Securities Deposits. 3) Law 1564 from 2012, article 103 Use of information and communication technologies, article 105 Signatures. Judicial officials and employees must use, in all their written acts,
signature accompanied by pre-signature, art. 111 Communications, art. 244 Authentic document, art. 247 Valuation of data messages.
B) Decrees
1) Decree 3960 from 2010. Standards applicable to centralized securities deposits. Article 1 article 2.14.2.1.5 Custody and Administration of Securities, article 2.14.4.1.2 Certifications issued by the deposits. 2) Decree 1078 of 2015, article 2.2.1.7.4.2 Accreditation activity will be exercised exclusively by the ONAC, article 2.2.1.7.9.1 Conformity assessment (Unique Regulatory Decree of the Information and Communication Technologies Sector). 3) Decree 1413 from 2017 (Adds title 17 to part 2 of book 2 of the Unique Regulatory Decree of the Information Technology and Communications Sector Decree 1078 from 2015 and partially regulates chapter IV of title III of Law 1437 of 2011 and article 45 of Law 1753 from 2015 establishing general guidelines in the use and operation of digital citizen services). 4) Decree 2364 from 2012, published on November 22nd, 2012. By means of which article 7 of Law 527 from 1999 is regulated, on the electronic signature and other provisions are issued. 5) Decree 19 from 2012, article 160 Characteristics and requirements of certification entities, art. 161 Activities of certification bodies, article 162 Duties of certification bodies, art. 163 Cessation of activities by certification bodies. 6) Decree 333 from 2014, which regulates article 160 of Decree-Law 19 from 2012. 7) Decree 1349 from 2016 article 1 Add Chapter 53 to Title 2 of Part 2 of Book 2 of Single Decree 1074 of 2015, Chapter 53 On the circulation of the electronic invoice as a security title and foresees the necessity to register the electronic invoice in the Electronic Invoice Registry in order to anticipate the respective legal collection. 8) Decree 2242 from 2015 issued by the Ministries of Finance and Commerce, Industry and Tourism (Mincomercio), in collaboration with DIAN, said regulatory document regulates the issuance and interoperability of electronic invoices, whose main purpose is to exert some purely fiscal control to combat fraud, evasion, and smuggling.

In Colombia, the electronic signature is regulated in Decree 2364 from 2012 which stipulates the legal criteria that must be applied without the intervention of an institution that accredits it.

In Colombia, the National Accreditation Body of Colombia (ONAC) is the entity in charge of accrediting the certifying entities.

1) Certicámara, accredited by the National Accreditation Body of Colombia ONAC. 2) Andes SCD, accredited by the National Accreditation Body of Colombia ONAC. 3) Gestión de Seguridad Electrónica, accredited by the National Accreditation Body of Colombia ONAC. 4) Thomas Signe SAS, accredited by the National Accreditation Body of Colombia ONAC. 5) EDICOM S.A.S., accredited by the National Accreditation Body of Colombia ONAC. 6) CARVAJAL SOLUCIONES EN TECNOLOGÍA S.A.S., accredited by the National Accreditation Body of Colombia ONAC.

Regarding compliance with the standards required for the validity of the electronic signature, the signer must sign an agreement on the use of the electronic signature mechanism in which the legal and technical conditions to which the parties will adjust are stipulated to carry out communications, carry out transactions, create electronic documents or any other activity through the use of electronic data interchange. Decree 2364 from 2012 stipulates in its article 7. Electronic signature agreed upon by agreement. Unless proven otherwise, it is presumed that the mechanisms or techniques of personal identification or electronic authentication, as the case may be, that the parties agree to use by agreement, meet the electronic signature requirements.

Article 10 Law 527 from 1999 establishes that data messages will be admissible as evidence. In any administrative or judicial action, no efficacy, validity or mandatory and probative force will be denied to all types of information in the form of a data message, for the sole fact that it is a data message or because of not having been presented in its original form.

Likewise, article 247 of the General Code of the Process foresees the evaluation of the data message test and the way in which the documents should be provided to the process, that is: “(...) in the same format in which they were generated, sent, or received, or in some other format that reproduces it accurately.”

The data messages that are added to the process will be presumed authentic (Art. 244 of the General Process Code). Similarly, the effectiveness, validity or mandatory and probative force of data messages may not be denied, just because they had not been presented in their original form (Art. 10 Law 527 of 1999) as long as they are recorded in a format that reproduces them in their entirety.

Additionally, article 11 of Law 527 from 1999 foresees that the justice operator, when evaluating the documents that have been provided as data messages, must take into account the reliability regarding the way the message has been generated, filed or communicated, reliability in the way the integrity of the information has been preserved, the way in which its originator is identified and any other pertinent factors.

Regarding the conservation of the data message, article 12 of Law 527 from 1999 states that when the law requires that certain documents, records or information be kept, that requirement will be satisfied, provided that the following conditions are met:

• The information they contain is accessible for later consultation.
• The data message or the document should be kept in the format in which it was generated, sent or received or in a format that allows demonstrating that it accurately reproduces the information generated, sent or received, and
• Preservation, if any, of all the information that allows determining the origin, destination of the message, the date and time the message was sent or received or the document produced.

The information that has the sole purpose of facilitating the sending or receiving of data messages will not be subject to the obligation of conservation.

The books and papers of the trader may be kept in any technical medium that guarantees their exact reproduction.

There are not. The evidence presented as a data message (document with electronic signature) in a judicial or administrative process does not require special hearings, except to comply with the requirements of the General Process Code.

Yes, Judgment C 662/2000 M.P. Fabio Morón Díaz by means of which he declared the enforceability of Law 527 from 1999. Likewise, the judgment of October 1st, 2020 of the Superior Court of Bogota D.C, M.P. Marco Antonio Álvarez Gómez by virtue of which the Court upholds the proving validity of electronic security titles.

In Colombia, the use of signatures on documents has not yet been restricted, that is, there are no regulations that prohibit the use of any type of signature. At present, there are not current bills on this matter.

The Pacific Alliance, through Law 1898 from 2018, Colombia approves the “First Modifying Protocol of the Additional Protocol to the Framework Agreement of the Pacific Alliance”.

Yes, by applying the legal criteria of the accreditation bodies recognized by the ONAC.

Yes, it is mentioned in the body of the document.

N/A