Colombia Electronic Signature Compliance Explanation

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

Electronic signatures are legal in Colombia, and Colombian electronic signatures are primarily regulated by Law 527 of 1999 and Decree 2364 of 2012.

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

Colombia recognizes two types of electronic signatures, namely electronic signatures and enhanced electronic signatures (i.e., digital signatures).

1. Electronic Signature

An electronic signature refers to any mechanism that allows the identification of the individual associated with a data message, such as codes, passwords, biometric data, or encryption keys, as long as the mechanism is reliable and suitable for the purpose of the signature.

Decree 2364 stipulates that when a signature is required, an electronic signature can be used if it is reliable and suitable for the purpose of creating or transmitting a data message.

An electronic signature is considered reliable if the following conditions are met:

• The data used to create the signature is exclusively owned by the signatory; and

• Any unauthorized modification of the data message can be detected after the data message has been signed.

Colombian courts can accept electronic signatures, but additional supporting evidence may be required.

2. Digital Signature

A digital signature is an electronic signature verified through a digital certificate. The main feature of a digital signature is a certificate issued by an authorized entity, which declares and guarantees the validity of the signature and the identity of the signatory. Digital signatures have the same legal status as handwritten signatures.

Article 28 of Law 527 stipulates that a digital signature must:

• Be unique to the person using it (the signatory);

• Be verified (meaning it can be verified whether the signatory has used it);

• Be under the exclusive control of the person using it;

• Be linked to the signed information or message, and if the information is modified, the signature is no longer valid;

• Be constructed in accordance with any other applicable regulations.

Decree 2364 requires the holder of an electronic signature to:

• Control and safeguard any data required to create the signature;

• Prevent unauthorized use of his/her data to create the signature;

• Immediately notify any person who has received, holds, or will receive an electronic signature document or data message in the following cases:

  • The data used to create the signature is questionable or no longer reliable;

  • There are circumstances that have or may cause the data used to create the signature to be no longer reliable.

In what situations is the use of electronic signatures restricted in Colombia?

Although electronic signatures are widely accepted, there are still some limitations on electronic signatures in Colombia:

• Transactions with public sector entities require handwritten signatures

• Certain documents require handwritten signatures: real estate transactions, wills, and some legal procedures

• Electronic signatures may not be fully enforceable in all cases: courts may require additional authentication or supporting evidence

• Strict personal data protection requirements: businesses must comply with Law 1581 regarding data privacy and security