Is an electronic signature legal in Uruguay? What laws mainly regulate electronic signatures?

Electronic signatures are legal in Uruguay, and electronic signatures in Uruguay are mainly regulated by the “General Rules on Electronic Signatures and Certification” (referred to as Law No. 15-04).

What types of electronic signatures are recognized in Uruguay? What are the requirements for each?

Uruguay recognizes two types of electronic signatures, namely simple electronic signatures and advanced electronic signatures.

1. Simple Electronic Signature

A simple electronic signature is defined as “electronic data in a form that is attached to or logically associated with an electronic document, used by the signer as a means of identification.”

2. Advanced Electronic Signature

Advanced electronic signatures use more robust authentication and security mechanisms and must meet the following requirements:

• Allow unique identification of the signer;
• Be created through a method that can be exclusively controlled by the signer;
• Be verifiable by a third party;
• Be linked to the electronic document in a way that any subsequent changes can be detected;
• Have been created using technically secure and reliable equipment;
• Be based on a recognized certificate valid at the time of signing.

In which scenarios can simple electronic signatures be used in Uruguay?

Simple signatures can typically be used in the following scenarios, but are not limited to:

• Human resources documents, such as general employment agreements, confidentiality agreements, employee invention agreements, privacy statements, benefit documents, and other new employee onboarding processes
• Business agreements between corporate entities, including confidentiality agreements, purchase orders, order confirmations, invoices, other procurement documents, sales agreements, distribution agreements, and service agreements
• Consumer agreements, including documents for opening new retail accounts, terms of sale, terms of service, software licenses, purchase orders, order confirmations, invoices, shipping documents, user manuals, and policies
• Residential and commercial lease agreements, excluding termination notices related to residential lease agreements

In which scenarios can advanced electronic signatures be used in Uruguay?

Advanced signatures can typically be used in the following scenarios, but are not limited to:

• Any contract that determines a debt of more than 100 adjustable units (approximately $2,856)
• Labor contracts or labor contracts with specific terms
• Equity agreements in loan agreements
• Settlement agreements
• Lease agreements for rural estates and tenant farmers
• Insurance agreements
• Securities

In which scenarios is a traditional signature required in Uruguay?

Traditional signatures are typically required in the following scenarios:

• Notarized acts as stipulated in the “Uruguay Civil Code” (including but not limited to contracts for the purchase or transfer of real estate, marriage contracts, inheritance contracts, certain guarantee contracts: mortgage contracts, etc.)