Legality of eSignatures in Ecuador

Background

Electronic signatures are rapidly transforming the landscape of document authentication in Ecuador and globally. The eSignatures have enabled access to efficient and reliable mechanisms for signing secure documentation, thereby improve internal organizational growth and facilitate faster global connection and the execution of required services. Additionally, the shift from paper to digital signatures accelerates the completion of various dealings.

Central to these fundamental transformations is the law on electronic commerce, electronic signatures, and data messages (Law No. 2002-67). The law accords that electronic signatures have the same validity and shall be recognized as having the same legal effects as a handwritten signature and are admissible as evidence in a court¹. Despite the growing acceptance, it’s essential to recognize that some documents may still need a physical signature, and seeking legal consultation is advisable to navigate variable regional laws.

The importance of security surrounding electronic signature platforms cannot be understated. Services must integrate robust protection features, such as data encryption, verification of signer identities, and provision of audit trails to deter wrongful access and ensure document authenticity. For instance, BoldSign offers these imperative security features and complies with legal and security protocols.

Enterprises in Ecuador must emphasize legal conformity, elevate security measures, and choose user-friendly platforms for integrating electronic signatures into their business frameworks. The electronic signature system is crucial in empowering businesses and individuals to exercise their legal will across various distances with the same legal protection and certainty once reserved for the physical presence of a notary.

Overview of electronic signature laws in Ecuador

The legal framework for electronic signatures in Ecuador is defined by national law, which mandates that digital signatures have the same legal evidentiary value and weight as handwritten signatures.

The following laws govern electronic signatures in Ecuador:

• Law on Electronic Commerce, Electronic Signatures, and Data Message (Law No. 2002-67)
• Law 2002-67 of Ecuador

Types of electronic signatures:

1. Simple electronic signature
2. Certified electronic signature

A simple electronic signature (SES) is data in electronic form contained in a data message, attached or logically associated with it, and that can be used to identify the holder of the signature in relation to the data message, and indicate that the holder of the signature approves and acknowledges the information contained in the data message². SES is considered established by agreement between the parties involved³.

Certified electronic signature

A certified electronic signature shall meet the following requirements⁴:

• Be individual and linked exclusively to its owner.
• It allows the authorship and identity of the signatory to be unequivocally verified by means of technical verification devices established by this Law and its regulations.
• That its method of creation and verification is reliable, secure, and unalterable for the purpose for which the message was generated or communicated.
• At the time of creation of the electronic signature, the data with which it is created are under the exclusive control of the signatory.
• That the signature is controlled by the person to whom it belongs.

Uniquely linked to the signer

A certified electronic signature must be uniquely connected to the person using it. The signature must be uniquely created using methods only the signer can access, like a private key and confidential information, to verify their identity.

Capable of identifying the signatory

The process used to create the signature must be able to identify the person signing. This may include using a biometric signature, Personal Identification Number (PIN), email address, or company registration number.

Track down any alterations made after signing

Preserving the authenticity of the signed document is essential. 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 signature place.

Signer’s control

The person using the advanced 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 holding the private key exclusively to prevent signature forgery.

Summary analysis

International recognition of electronic signature certificates in Ecuador

Electronic certificates issued by foreign certification bodies, which comply with the requirements indicated in Law No. 2002-67, and present an equivalent degree of reliability, shall have the same legal value as accredited certificates issued in Ecuador⁵. The National Telecommunications Council shall issue regulations for this article.

Electronic signatures created abroad, for the recognition of their validity in Ecuador, shall be subject to the provisions of the eSignature law and its related regulations. Where the parties agree among themselves on the use of certain types of electronic signatures and certificates, such agreement shall be recognized as sufficient in law⁶.

Unless the State agrees to use traditional methods through international treaties, such treaties aim to align rules on data messages, electronic signatures, certification services, electronic and online contracts, and electronic services over networks, including e‑commerce. They shall also address the protection of users of these systems and the mutual recognition of electronic signature certificates among the subscribing countries.

Trust service providers in Ecuador

Information certification entities are businesses or organizations authorized to issue electronic signature certificates. They may also provide related services, but only if approved by the National Telecommunications Council under the law and presidential regulations⁷. The trusted providers verify and certify electronic signatures to ensure they are legally valid and secure. They operate under government authorization to maintain trust in digital transactions.

Some of the approved trust service providers are:

• Central Bank of Ecuador (via the Civil Registry)
• Uanataca Ecuador S.A.
• Security Data Ecuador S.A.
• Judicial Council​​
• Civil Registry
• ANF ​​Certification Authority Ecuador (ANFAC)

Documents that can be signed electronically in Ecuador

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

• Legal opinions
• Offer letters
• Memoranda & internal correspondence
• Non-disclosure agreements (NDAs)
• Purchase orders
• Human resources
• Procurement
• Employee onboarding
• Lease agreements
• Software license agreements (SLAs)
• Insurance policy
• Educational certificates, etc.

Explicit exclusions

Exclusions typically include:

• Wills and testamentary disposition
• Power of attorney
• Negotiable instruments
• Real Estate transfers
• Family law acts such as divorce, marriage and adoption documents

To ensure the validity of an electronic signature, it is recommended to adhere to the following best practices while also complying with all relevant legal regulations:

• Verify the identity of the person affixing their signature and, in cases involving a corporate entity, confirm that the person is authorized to legally bind the company with their signature.
• Obtain explicit consent from the person signing electronically, which can be included within the contract itself or through a separate form of acknowledgment, to demonstrate their agreement to sign the document electronically using the chosen method.
• Secure the document against any alterations once the electronic signature has been placed.
• Maintain a detailed record of the signing process, documenting each action performed by the person executing the signature.

How does BoldSign help

The following elements of compliance available within BoldSign can be used to comply with Ecuadorian eSignature 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 ensures 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 another layer of security to the signing process.
• Audit trail: The IP address of the signer and 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, and where.
• Digital signature: The final document is digitally signed with an AATL-compliant certificate. This ensures that the document cannot be tampered with without invalidating the signature.
• Consent: Signers are asked to confirm their intent to sign electronically and informed that they could opt out. This ensures that the signer is aware of the implications of signing electronically and has given their consent.
• Custom terms: Get your signers to agree to a custom set of terms. This can be useful to ensure additional security or that the signer understands the terms of the document.

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

However, Syncfusion’s officers, directors, stockholders, affiliates, attorneys, accountants, employees, or agents cannot provide legal advice. You should consult your personal attorney regarding your specific legal questions. Laws and regulations are subject to frequent changes, and the 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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