eSignature Legality in Colombia

E-Signature Legality Summary

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

Applicable Laws

Law 527 of 1999; Decree 1074 of 2015; Decree 526 of 2021

Legal Status

Electronic records and signatures receive legal recognition in Colombia under Law 527 of 1999; Decree 1074 of 2015; Decree 526 of 2021. The signing process must also satisfy every document-specific rule on identity, evidence, delivery, retention, witnessing, notarization, registration or filing.

Regulatory Authority

The Superintendence of Industry and Commerce authorizes and supervises certification entities, audits their operations, suspends or revokes authorizations, requests information, imposes sanctions, revokes improperly issued certificates, designates repositories and certification entities where legally provided, issues certificates relating to certification-entity Digital Signatures, enforces competition, unfair-practice, and consumer-protection rules in the relevant markets, and issues compliance instructions.

Legal Recognition (Effect)

The legal effect of an electronic signature is assessed under Law 527 of 1999; Decree 1074 of 2015; Decree 526 of 2021. The assessment covers signer intent, reliable attribution, integrity of the signed record and compliance with every prescribed form for the document or transaction.

Accepted Types of Electronic Signatures

Digital signature (mapping to the three EU signature types).

Digital signature: a numerical value attached to a data message which, using a known mathematical procedure linked to the originator's key and the message text, makes it possible to determine that this value was obtained exclusively using the originator's key and that the initial message has not been modified after the transformation was performed.

A Digital Signature is a numerical value attached to a data message and generated through a known mathematical procedure linking the originator’s key to the message text, so that it can be determined that the value was obtained exclusively using that key and that the original message was not altered after transformation.

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

Article 27. Transport documents. Without prejudice to the provisions of paragraph 3 of this Article, where the law requires that any of the acts referred to in Article 26 be carried out in writing or by means of a paper document, that requirement shall be met if the act is carried out by means of one or more data messages.

Documents that the law specifically requires to be executed in notarial form: such as wills, prenuptial agreements, and deeds of sale of real property.

Matters involving family law: such as divorce agreements, adoption documents, etc.

Industry Applications and Typical Use Cases

Article 26. Acts related to contracts for the carriage of goods. Without prejudice to Part One of this Law, this Chapter applies to any of the following acts relating to or performed in connection with a contract for the carriage of goods, without the list being exhaustive:

(a) I. Furnishing the marks, number, quantity, or weight of goods.

II. Declaring the nature or value of goods.

III. Issuing a receipt for goods.

IV. Confirming that the loading of goods has been completed;

(b) I. Notifying any person of the terms and conditions of the contract.

II. Giving instructions to the carrier;

(c) I. Claiming delivery of goods.

II. Authorizing the release of goods.

III. Giving notice of loss of, or damage to, goods;

(d) Any other notice or statement made in connection with the performance of the contract;

(e) An undertaking to deliver goods to a named person or to a person authorized to claim delivery;

(f) Granting, acquiring, renouncing, surrendering, transferring, or negotiating any rights in goods;

(g) Acquiring or transferring rights and obligations under the contract.

Colombian courts follow the "functional equivalence" principle of the United Nations Commission on International Trade Law (UNCITRAL). That is, the focus of review is not on the form of the signature itself, but on whether it can fulfill the core functions of a traditional handwritten signature:

Authentication: confirming the identity of the signatory.

Indication of intent: showing that the signatory consents to the content of the document.

Document integrity: ensuring that the signed document has not been tampered with.

As long as an electronic signature can fulfill these functions, the courts should recognize its validity.