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Explore the BoldSign features that make eSigning easier.

Digital signatures have transformed how we authenticate documents, streamlining the signing process within Chile and worldwide. These digital solutions facilitate the rapid, environmentally friendly finalization of documents, contributing to reduced paper consumption and faster business dealings. However, grasping the essential components of implementing electronic signatures in Chile is crucial.

For electronic signatures to be deemed as legally valid as their handwritten counterparts, users must opt for a service that complies with Chile legislation, particularly Law 19799 on Electronic Documents, Electronic Signatures and Certification Services of such Signatures. Notably, some documents may still require a manual signature, and legal requirements may vary by region.

Ensuring the security of electronic signatures is paramount. opt for providers that offer robust protection measures, including encryption, user authentication, and comprehensive audit records to safeguard access and maintain the integrity of documents. Services such as BoldSign provide these security features, helping users meet regulatory standards and maintain high levels of security.

In summary, electronic signatures bring substantial advantages. They are widely accepted, yet it is imperative to adhere to legal mandates, prioritize security, and select an intuitive service to utilize them in Chile effectively.

In Chile, an electronic signature is characterized as electronic information that is connected or related to additional electronic data to confirm identity. Such signatures are legally acceptable for most documents, provided an evident link to the individual signing and proof of the signature’s genuineness, ensuring protection from unauthorized alterations. The act of signing must show deliberate consent to the conditions outlined in the document. When these conditions are met, electronic signatures are deemed legally equivalent to handwritten counterparts, albeit with specific exclusions.

Electronic signatures, or electronic signatures, come in various forms, all used to indicate Agreement or approval on digital documents and transactions. Here are some common forms:

  • Authorizing actions through application login.
  • Signing with a stylus or finger on a digital tablet.
  • Entering a name into an email as a signatory.
  • Confirming Agreement on a web page by clicking after verifying identity prompt.
  • Appending a digitized image of a handwritten signature.
  • Voice command.

Generally, Electronic signatures are deemed to have the same evidential weight as the signatures referred to in this law if they comply with the provisions prescribed in the regulations.

Electronic signature operations in Qatar are regulated by Law 19799 on Electronic Documents, Electronic Signatures and Certification Services of such Signatures. The regulation categorizes these types of signatures into two:

  • Simple Electronic Signatures
  • Advanced Electronic Signatures

Standard electronic signature [under Art 2, (f) of the regulation] refers to any sound, symbol, or electronic method that enables the recipient of a digital document to at least nominally ascertain the identity of its creator.

Advanced electronic signature under Art 2, (g) of the regulation means one certified by an accredited provider. This is alongside meeting requirements such as:

  • Must be uniquely linked to the signatory.
  • Can identify the signatories.
  • Develop using means that the signer can maintain his/her control.
  • Connected to the data it relates to so that any subsequent change to the data is detectable.

A secure electronic signature must be uniquely connected to the person using it. The signature must be uniquely made with methods that only the signer can access, like a private key and confidential info, to verify their identity.

The person using the secure electronic signature must have sole control over the means of creating the signature. Typically, this requires managing a key pair or two-factor authentication, with the signer exclusively holding the private key to prevent unauthorized signature forgery.

The process used to create the signature must be capable of identifying the person signing. This may include the use of a biometric signature, a Personal Identification Number (PIN), an email address or even a company registration number.

It is essential to preserve the authenticity of the signed document. Modifications made to the document post-signature should be identifiable. This is commonly accomplished through an audit trail. Audit trails record the signer’s IP address, timestamps of key signing events, and location, providing proof of identity, timing, and place of signature. This will also help to establish any alterations made to the signature.

Under Law 19799 on Electronic Documents, Electronic Signature and Certification Services of such Signature.

Type of signature Unique features Unique considerations
Articles 4 & 5
Standard Electronic Signature
  • No unique feature other than electronic data.
N/A
Advanced Electronic Signature
  • Uniquely linked to the signatory.
  • Can identify the signatories.
  • Developed using means that the signer can maintain their sole control.
  • Attached to the data it relates to so that any subsequent change to the data is detectable.
Used in public instruments and documents to be presented in court where wet ink signature isn’t used.

The legal recognition of transactions involving electronic signatures is only consistent across some types of document completion. As a result, electronic signatures are appropriate for certain kinds of transactions and uses while unsuitable for others. An analysis of this issue follows, along with a concise table outlining the transactions.

Electronic signatures can be employed to affix signatures and provide countersignatures on a diverse array of documents, such as:

  • Human resources
  • Procurement
  • Non-disclosure agreements (assuming they are contracts, not formal deeds)
  • Public petitions1
  • Internal correspondences
  • Educational field
  • Offer letters

In limiting the applicability of Electronic Signatures, Chile Law 19799 on Electronic Documents, Electronic Signatures and Certification Services of such Signature stipulates under Article 3 that electronic signatures cannot be used in

  • An electronic document cannot satisfy situations where legal formalities are mandated (Notaries and documents that need notaries public, title documents and negotiable instruments).
  • Instances where the law mandates that one or more of the parties must be physically present (Statutory Declarations and any other form of declaration).
  • Matters on family law such as Wills, and their codicils & testamentary documents.
Permissible transactions Exempted transactions
  • Human resources
  • Procurement
  • Non-disclosure agreements (assuming they are contracts, not formal deeds)
  • Public petitions
  • Internal correspondences
  • Insurance Industry
  • Educational field
  • Offer letters, etc
  • Family law and personal status matters.
  • Wills and codicils.
  • Trust created by wills.
  • Notaries and documents that need notaries public.
  • Statutory Declarations and any other form of declaration.
  • Negotiable documents
  • Title documents

To ensure the authenticity of an electronic signature, it is advised to follow these best practices while also fulfilling all applicable legal requirements:

  • Ascertain the identity of the signatory and, when it involves corporate transactions, verify that the person has the authority to act on behalf of the corporation in signing the document.
  • Secure explicit approval from the signatory, which can be documented in the contract or a separate agreement, to confirm their intention to use the specified electronic signature for the document.
  • Protect the document from any changes after the electronic signature has been affixed.
  • Keep a comprehensive log of the signing process that captures every step the signatory performs.

The following elements of compliance available within BoldSign can be used to comply with Chile electronic signature laws:

  • Secure and unique signing link: A secure and unique link to sign a document is sent directly to the signer's email address. This helps ensure that the document is only accessed by the intended signer and cannot be tampered with.
  • Password protection: Senders can specify a password that needs to be entered before viewing and signing a document. This adds a layer of security to the signing process.
  • Audit trail: The IP address of the signer, along with timestamps for all significant events in the signing process, are recorded in an audit trail. This provides a record of who signed the document when they signed it, and from where they signed it.
  • Digital signature: The final signed document is digitally signed with an AATL-compliant certificate. This ensures the document cannot be tampered with without invalidating the signature.
  • Consent: Signers are asked to confirm their intent to sign electronically and are informed that they can opt-out. This helps to ensure that the signer is aware of the implications of signing electronically and that they have given their consent to do so.
  • Custom terms: There is an option to get your signers to agree to a custom set of terms. This can be useful for adding additional security or ensuring that the signer understands the terms of the document.

Disclaimer: Information on this page is intended to help businesses understand the legal framework of electronic signatures for this particular country.

However, Syncfusion, its officers, directors, stockholders, affiliates, attorneys, accountants, employees or agents cannot provide legal advice. You should consult your own personal 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, Syncfusion provides this material on an “as-is” basis. Syncfusion 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.

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