Peru Electronic Signature Compliance Explanation

Are electronic signatures legal in Peru? What laws primarily regulate electronic signatures?

Electronic signatures are legal in Peru, and Peruvian electronic signatures are primarily regulated by Law No. 27269 on Digital Signatures and Certificates (2000, revised in 2018), Decree No. 052-2008-PCM (Supreme Decree), the Peruvian Civil Code (Articles 1374-1384, 1412-1416), and Law No. 29733 on Personal Data Protection (2011, updated in 2022).

What types of electronic signatures are recognized in Peru? What are the respective requirements?

Peru recognizes three types of electronic signatures, namely simple electronic signatures, advanced electronic signatures, and qualified electronic signatures.

1. Simple Electronic Signature

It refers to any electronic data that is logically associated with other electronic data and used by an individual for signing.

Although a simple electronic signature can indicate the intention to sign, it lacks advanced authentication, integrity protection, or security features, making it the least secure type of electronic signature. It has legal effect in many jurisdictions, but it may not have strong evidentiary value without additional context or evidence.

2. Advanced Electronic Signature

An advanced electronic signature must meet the following additional requirements:

• The signature is uniquely linked to the signer
• Allows identification of the signer
• Created using data created with the signature, which the signer can use under their control
• Linked to the signed document in a way that any subsequent modifications can be detected

3. Qualified Electronic Signature

It is an electronic signature issued by certain entities officially recognized and registered by the electronic signature authority.

Law No. 27269 stipulates that a qualified electronic signature must meet the following requirements:

• It identifies the signer and establishes a unique association with them;
• It is exclusively controlled by the signer;
• It is connected to the data in a way that ensures the integrity of the information;
• It supports the detection of any changes to the data after signing;
• It is generated using a digital certificate that complies with specific regulatory standards.

In Peru, in what situations is a traditional signature required?

The following are use cases where digital or electronic processes are explicitly not supported, or where wet ink or handwritten signatures or public contracts require formal notarization:

• Certain powers of attorney (Article 156 of the Peruvian Civil Code)
• Mortgages (Article 1098 of the Peruvian Civil Code)
• Anti-corruption (Article 1092 of the Peruvian Civil Code)
• Certain wills (Article 696 of the Peruvian Civil Code)
• Certain real estate agreements, such as property transfers, inheritance donations, but excluding lease contracts and other real estate-related contracts, which can be effectively signed using any form of electronic signature (Article 1625 of the Peruvian Civil Code)
• Mergers of civil legal entities and all acts involving changes to corporate bylaws (Article 5 of the Company Law; Article 81 and 100 of the Peruvian Civil Code)
• Accessory acts and/or accessory agreements to agreements signed in the form of a public deed
• Family law documents, such as wills, renunciation of inheritance, establishment of family property, division of inheritance, marital/prenuptial property separation (Articles 675 and 496 of the Peruvian Civil Code)