Colombia: Electronic Signatures Legality
A guide to the compliance and legality of eSigning in Colombia
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A guide to the compliance and legality of eSigning in Colombia
When it comes to completing contracts in Colombia, they don’t always have to be in writing. In fact, the Colombian Code of Commerce dictates that verbal agreements between two willing parties are often accepted.
When written and signed contracts are needed, Colombian businesses, organizations, and individuals aren’t limited to just traditional wet ink signatures. Electronic signatures in Colombia are increasingly being used, as well as throughout the world to establish agreements, complete e-commerce transactions, and more.
Below, we’ll take a look at the history of electronic signatures in Colombia, how things are eSigned in the country today, and outline the legaility of this important process.
When you strike an arrangement or make a deal in Colombia, it may not always be in writing. In fact, legal contracts in Colombia are often made verbally between two agreeing parties. When written agreements are required, however, both traditional wet ink and electronic signatures can be used.
The Colombian Legal System
Colombia is considered a “civil law country,” which means its legal system is based on a series of codes and laws that are applied in accordance with the parties involved by the court system instead of within a system of jurisprudence. That being said, the central government of Colombia is involved in important decision-making and with essential interpretation and dictation of the law.
Within civil law governments, codes and decrees are often updated or changed to serve the purpose of current needs or changes required.
Law 527 and Law 1437
Two separate laws govern electronic signatures in Colombia – Law 527 and Law 1437.
Law 527, also called the “Law on Electric Commerce,” was established in 1999 to recognize the legality of e-commerce and electronic signature use in Colombia. Law 527 addresses the legality of electronic signature use by stating contracts signed electronically cannot be denied for legal enforceability.
In 2011, Law 1437 was enacted. Law 1437 works hand-in-hand with Law 527 by regulating dispute resolution involving electronic signatures.
Decree 333 of 2014
For electronic and digital signatures to be considered valid in Colombia, it’s essential that the sender is identified, the signature is certified, and that the eSignature be proven uncorrupted. This is where Decree 333 comes in.
When Decree 333 was established in 2014, it outlined the necessity of a digital certificate to be established for the identification of all signing parties and to include a public key.
Decree 2364
When Decree 2364 was created, it outlined certain requirements of electronic signatures in Colombia in order to establish and maintain legality. These requirements can include, but are not limited to:
When it comes to electronic signatures, Colombia has its own set of defining rules dictating the requirements of an electronic signature in order to be legal. Because each signature is required to have a signing certificate and to be verified, digital signature requirements are enforced.
These requirements include:
The digital signature must be done in a way that is unique to the signer.
Verification must be possible and allowed to ensure the correct signer completed the document.
Whomever signed the document must retain control, exclusively.
It must be possible to determine invalidity if the signature is tampered with, modified, or no longer legally valid in any way.
For businesses and individuals looking to complete paperwork by using electronic signatures in Colombia, there’s a wide range of document and form types that this can be done with; there are also some document types that cannot legally be electronically signed in Colombia.
(Including, but not limited to documents below)
(Including, but not limited to documents below)
Yes, you can use Foxit eSign’s electronic signature solution in Colombia!
Our software can easily and intuitively help individuals and businesses in Colombia complete important agreements, contracts, and transactions digitally with legally binding signatures through helpful features, such as:
DISCLAIMER: The information on this Foxit eSign page is for general purposes only and is not meant for companies to use as legal advice. Please confer with your attorney for legal consultation for your location and specific use cases.
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