eSignature Legality in Chile

E-Signature Legality Summary

This guide explains the electronic-signature framework in Chile, including the governing laws, legal effect, accepted signature methods, validity requirements, exclusions and practical business uses.

Applicable Laws

Law No. 19,799 on Electronic Documents, Electronic Signatures and Signature Certification Services

Legal Status

Electronic records and signatures receive legal recognition in Chile under Law No. 19,799 on Electronic Documents, Electronic Signatures and Signature Certification Services. The signing process must also satisfy every document-specific rule on identity, evidence, delivery, retention, witnessing, notarization, registration or filing.

Regulatory Authority

The competent regulator is the Ministry of Economy, Chile, including its certification department.

Legal Recognition (Effect)

Acts or contracts signed by a natural or legal person using an electronic signature have the same effect as those signed in written form. An electronic signature, regardless of its nature, shall be treated as a handwritten signature for all legal purposes, without prejudice to the provisions set out in the following articles. (Article 3, Electronic Signature Law)

Accepted Types of Electronic Signatures

Advanced electronic signature

Electronic signature: any sound, symbol or electronic process that allows the recipient of an electronic document to at least formally identify its author;

Advanced electronic signature: a signature certified by an accredited provider, created using means under the sole control of the holder, uniquely linked to the holder and to the data to which it relates, allowing any subsequent modification to be detected, verifying the holder's identity, and preventing the holder from being unaware of the integrity of the document and its authorship.

An Electronic Signature (SES) is any sound, symbol, or electronic process that enables the recipient of an electronic document at least formally to identify its author. An Advanced Electronic Signature (AES) must be certified by an accredited provider, created by means under the holder’s complete control, uniquely linked to the holder and the relevant data, permit detection of any subsequent modification, verify the holder’s identity, and prevent the holder from being unaware of the document’s integrity and authorship.

Digital-signature legislation does not apply to death-related benefits, family-law acts, documents concerning strictly personal rights or obligations, or acts subject by law or agreement to formalities incompatible with a Digital Signature, pursuant to Article 4 of the Digital Signature Law. Electronic filings of specified corporate documents with the National Securities Commission must bear a Digital Signature under Article 46 of CNV General Resolution No. 818/2019.

Private parties may generally agree to execute contracts using an Electronic Signature (SES) or Digital Signature. Public-sector use is permitted unless law or agreement requires a specific signature form or expressly requires a Digital Signature. The government provides the PFDR remote electronic-signature platform.

Legal Requirements for Electronic Signatures

A legally effective signing process should preserve evidence of:

• the signer's intention to sign and the parties' consent to use an electronic process;
• reliable identification and attribution of the signature to the signer;
• integrity of the signed record and detection of later changes;
• delivery of, access to and reproduction of the final signed record;
• timestamps, authentication events and a complete audit trail; and
• every certificate, witness, notarization, registration, filing or retention requirement that governs the transaction.

Limitations and Exceptions

Cases where the law requires formality that cannot be achieved through an electronic document;

Cases where the law requires a party to appear in person, such as wills (Articles 999-1026 of the Civil Code set out notarization, oath and other requirements for wills), must be assessed in light of the specific contract type and relevant law;

Matters related to family law. (Article 3 of the Electronic Signature Law)

Electronic documents of a public-instrument nature must be signed using an advanced electronic signature. (Article 4 of the Electronic Signature Law)

Persons interacting electronically with the State administration may use an electronic signature, but in cases where reliable verification of their identity is required, an advanced electronic signature must be used. (Article 52 of the Electronic Signature Implementing Regulations)

Practical guidance, non-authoritative source:

• (i) Public instruments in electronic form must bear the AES of the issuing official: authorized electronic copies of public documents must bear the AES of the authorizing notary; civil registry certificates must bear the AES of the issuing official, etc.
• (ii) Judicial powers of attorney granted in an electronic document must be signed using the principal's AES.
• (iii) Forms prepared by the commercial registry for the incorporation, amendment, dissolution or annotation of a company must be signed using the AES of the company's members, partners or shareholders; if the principal, partner or shareholder does not have their own AES, the AES of the notary authorizing the act must be used.

Industry Applications and Typical Use Cases

Supported in many scenarios

ClaveUnica is the official digital identity authentication tool issued by Chile's Civil Registry and Identification Service (Servicio de Registro Civil e Identificacion). It allows citizens to securely authenticate their identity and sign documents on multiple government platforms. (source: GPT; page inaccessible)