COURT-ADMISSIBLE

Yes

GENERAL BUSINESS USE

Yes

E-SIGNATURE LEGAL MODEL

Tiered

General Business Use (Yes)

Whilst 100% legal; there are exceptions for very specific types of transactions. It is still up to the discretion of the independent user, or governing body, whether they are used or not. As each business needs are different and the agreements themselves may vary. We always advise you to speak with an authority within your businesses category.

 

Court-Admissible (Yes)

Each country has its own regulations that determine whether an electronic signature is seen as legal or not. So, as long as your electronic signature adheres to these, a signature won’t be rejected simply for not being handwritten.

e-Signature Legal Model (Tiered)

Brazil’s legal model is a tiered one. This means that Qualified Electronic Signatures are seen as a legal type of e-Signature. This doesn’t mean that a non-QES e-Signature can’t be submitted in court, but it will need extra evidence to support it.

 

eSignature Legality Summary

Under Brazilian law, a written signature is not necessarily required for a valid contract. Contracts are generally valid if legally competent parties reach an agreement, whether they agree verbally, electronically or in a physical paper document. According to the Brazilian Code of Civil Procedure, electronic records can be used to substantiate the validity of a contract.

The Provisional Measure No. 2,200-2/01, which created the “Infraestrutura de ChavesPúblicas Brasileira” (ICP Brasil), was established in 2001. e-Signatures used with the ICP-Brasil have authenticity, integrity, reliability and cannot be denied as evidence. The e-Signature stays linked to the signed electronic document. If the document undergoes any changes the e-Signature becomes invalid.
*The information on this site is “AS IS” and for general information purposes only.

emSigner Supports Following Use Cases for Standard Electronic Signatures (SES)

Use cases where an SES is typically appropriate include:

 

  • All software license agreements
  • Agreements that are commercial in nature between Corporate companies and entities which include purchase orders, service agreements, order acknowledgements, invoices, distribution agreements, NDA’s and sales
  • Agreements that deal with HR operations : non-disclosure agreements, invention assignment agreements, and privacy notices

emSigner Works With the Local Trust Service Providers and Supports Following Use Cases For Qualified Electronic Signature (QES)

Use cases where an AES is typically appropriate include:

 

  • Foreign Exchange Currency Agreement (Letter No. 3,280/2005)
  • Documents concerning social security, employment tax and contributions and
  • Other documents in relation to “Simples Nacional” taxation regime

Use Cases That Are Not Supported or Typically Not Appropriate for Electronic Signatures or Digital Transaction Management Using emSigner

Following are the use cases that are specifically not supported for digital or electronic processes or that includes requirements wherein wet ink or handwritten signatures or formal notarization is required.

 

  • *Agreements for the license of patents, industrial designs, trademarks, supply of technology, technical assistance and franchising, such agreements, when signed between a foreign company and a Brazilian company, are required to be registered with the Brazilian Patent and Trademark Office (PTO) for purposes of deductibility and remittance of payments abroad
  • *Handwritten – power-of-attorney (IT Act not applicable)
  • *Lease contracts which are required to be registered with a public notary or registry
  • *Foreign currency exchange agreements have a specific regulation which aims to deter tax and foreign currency evasion and money laundering
  • *Transactions related to family law such as marriage, adoption, donation, inheritance
  • *HR documents, including official employee registration documents such as Employment and Social Security Cards
  • *Corporate documents to be registered with the commercial board of registry
  • *Agreements related to Real estate transfers and property documents, such as mortgages, which are required to be registered with the Real Estate Registry Offices
  • *Banking agreements that strictly require handwritten or wet ink signature. Such agreements are required to be registered with a public notary for publication reasons

 

“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 determined


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

 

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.

ABOUT THE GUIDE

The eSignature Legality Guide is the result of legal research into the laws and practices regarding eSignature on a country-by-country basis. Each country-level analysis was conducted by local law firms located in that country, in that country’s local language. This legal analysis was then supplemented with complementary research on eSignature and digital signature technology standards conducted by independent technology experts. Together, this information is provided as a public resource to understand eSignature legality, and clarify some of the common misconceptions about international eSignature legality.

COURT-ADMISSIBLE

A basic measure of eSignature legality in a country is whether courts will admit eSignatures as evidence in court. In most countries in the world, an eSignature cannot be rejected simply because it is electronic, meaning that it should be admissible, subject to proof. Learn more about how DocuSign helps you prove an eSignature validity in court, below.

GENERAL BUSINESS USE

While there are exceptions for very specific types of transactions, eSignatures, independent of the underlying technology, may be used for the majority of general business transactions in most countries. Issues that may restrict general business use include local technology requirements or other restrictions on special transactions types. Learn more about specific transaction types, below.

E-SIGNATURE LEGAL MODEL

‘Tiered’ countries recognize Qualified Electronic Signature (QES, or the locally named equivalent) as a distinct type of eSignature. In these countries, a QES has special legal status in the form of presumed authenticity, and may be legally required for a few, specific transaction types. In spite of this, a non-QES eSignature can still be submitted as evidence in court even in Tiered countries, so long as the party presenting it has sufficient evidence to prove that it is valid. Countries imposing QES standards often struggle to promote electronic business transactions, especially across country borders. ‘Open’ countries have no such technology requirements or eSignature types that receive special legal status. Learn more about eSignature legality at https://www.emsigner.com/

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