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Overview of eSignature Legality in Chile
Chile has legally recognized eSignatures since 2002 with The Act on Electronic Documents, Electronic Signatures and Certification Services of Signatures.
Electronic Signature Law
The Act on Electronic Documents, Electronic Signatures and Certification Services of Signatures states that some electronic signatures are considered to hold the same legal validity as pen and paper signatures.
Are eSignatures legal, admissible, and enforceable?
Summary of Law
eSignatures are valid as long as both parties consent to using this form to sign a document or to complete a transaction. Electronic documents must be accessible to both parties and the signed document must be identifiable to the signer. Additional documentation may need to be provided in court to prove a valid contract.
Since Chile has a tiered system for eSignatures, specific standards are put in place for what type of electronic signature is required. For certain transactions when a pen and paper signature is required, a digital signature may be accepted when all legal requirements are met.
eSignatures are not recommended for:
- Documents requiring notarization
- Contracts related to family law
- Documents that require in-person signing