COURT-ADMISSIBLE

Yes

GENERAL BUSINESS USE

Yes

E-SIGNATURE LEGAL MODEL

Tiered

eSignature Legality Summary

eSignatures are legally valid and admissible in the court of law. Colombia follows a hierarchical root of trust model where eSignatures or digital signatures issued by a Certifying Authority are considered legally valid. Specific use cases for eSignatures are indicated under the Colombian Law.

Under Colombian Law, Law 527 of 1999 highlights that a handwritten signature isn’t always needed for a contract to be considered credible, and that contracts can’t be refused for simply being electronic. They’ll usually be seen as such as long as legally able individuals have reached an agreement (this can be by agreeing verbally, electronically or by physically signing something). To prove a valid contract, parties sometimes have to present evidence in court. Leading digital transaction management solutions can provide electronic records that are admissible in evidence article 10 of Law 527 of 1999 and Law 1437 of 2011, to support the existence, authenticity and valid acceptance of a contract.
*The information on this site is “AS IS” and for general information purposes only.

Use Cases for eSignatures ?

Use cases where an SES is typically appropriate include:

  • Speedy HR document preparation with preapproved templates, easy update of each employee, new employee onboarding processes as well as 360 degree view of employee files.
  • End user agreements including sales & service terms, new retail account opening documents, invoices, shipment details, user manual, EULAs, policies

Use Cases for Qualified Signatures ?

Use cases where an AES is typically appropriate include:

  • Purchase, procurement and commercial agreements including invoices, trade and payment terms, certificates, NDAs, sales & distribution agreements, order acknowledgements.
  • Real estate lease agreements for residential and commercial purpose

Use Cases that are not appropriate for Electronic Signatures

Use cases that are specifically barred from digital or electronic processes or that include explicit requirements, such as handwritten (e.g. wet ink) signatures or formal notarial process that are not usually compatible with electronic signatures or digital transaction management.

 

  • Notarization – real property transfer contracts and deeds but not lease contracts and other contracts related to real estate, which can be signed validly via electronic signature
  • Notarization – intangible property transfers (e.g., patent and copyright assignments – but not non-exclusive patent, copyright or other IP licenses, which can be validly signed via any form of electronic signature)
  • Notarization – securitization documents, which usually include contracts of surety, mortgages, personal guarantees
  • Notarization – family law contracts or agreements (e.g., marriage contracts, prenuptials, divorce settlement agreements, adoptions, etc., contracts governed by the law of succession, such as contracts of inheritance, contracts waiving inheritance, inheritance sale)
  • Notarization – government means forms and documentation to be submitted to government agencies, including valid eMudhra contracts and documents when they have to be submitted for registration in government registries

 

List of Local Trust Service Providers

InstituteRegulatory Body/CA/DSC ProvidersSupported by emSignerWebsite
CerticamaraChamber of Digital CertificationYeshttps://web.certicamara.com/

 

“Digital Signature” means a transformation of a message using an asymmetric cryptosystem such that a person having the initial message and the signer’s public key can accurately determine


(a) whether the transformation was created using the private key that corresponds to the signer’s public key;
(b) whether the message has been altered since the transformation was made

[1] An AES is an “advanced electronic signature”, a type of electronic signature that meets the following requirements:
(a) it is uniquely linked to the signatory;
(b) it is capable of identifying the signatory;
(c) it is created using means that are under the signatory’s sole control;
(d) it is linked to other electronic data in such a way that any alteration to the said data can be detected.

[2] A QES is a specific digital signature implementation that has met the particular specifications of a government, including using a secure signature creation device, and been certified as ‘qualified’ by either that government or a party contracted by that government.

DISCLAIMER: This information is intended to help you understand the legal framework of electronic signatures. However, eMudhra cannot provide legal advice. The law of electronic signatures is constantly evolving. This guide is not intended as a legal advice and should not serve as a substitute for professional legal advice. You should consult an attorney regarding any specific legal concerns.
eMudhra, and all associates including agents, officers, employees or affiliates, are not liable for any direct, indirect, incidental, special, exemplary or consequential damages.

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