Electronic Signatures in Chile

Electronic signatures in Chile are regulated by the following laws and regulations:

• Law No. 19,799 of 2002, concerning electronic documents, electronic signatures, and the services for the certification of such signatures.
• Supreme Decree No. 181 of 2002. Approves the Regulation of Law No. 19,799 regarding electronic documents, electronic signatures, and the certification of such signatures. Last updated in 2014.
• Decree No. 24 of 2019. Approves the Technical Standard for providing Advanced Electronic Signature certification services.
• Supreme Decree No. 14 of 2014. Modifies Decree No. 181 of 2002, which approves the Regulation of Law No. 19,799, concerning electronic documents, electronic signatures, and the certification of such signatures.
• Supreme Decree No. 154 of 2012. Modifies Decree No. 181 of 2002, which approves the Regulation of Law No. 19,799, regarding electronic documents, electronic signatures, and the certification of such signatures.
• Law No. 20,217 of 2007. Modifies the Code of Civil Procedure and Law No. 19,799 concerning electronic documents, electronic signatures, and the services for the certification of such signatures.
• Supreme Decree No. 83 of 2005. Approves a technical standard for state administrative bodies regarding the security and confidentiality of electronic documents.

In Chile, there are two types of electronic signatures, which are required depending on the nature of the documents being signed, their probative value, and the security employed in both their creation and use.

• Simple Electronic Signature (SES): A Simple Electronic Signature allows the recipient of an electronic document to at least formally identify its author and can be used for various documents. Common uses include simple powers of attorney, consensual agreements, or contracts. The use of Simple Electronic Signatures is intended for electronic documents that do not constitute "public instruments." For instance, it is used for documents exchanged within a public service or for communications sent to citizens that are not public instruments. It is mostly used for authentication with the Internal Revenue Service (SII) and for invoicing.
• Advanced Electronic Signature (AES): An Advanced Electronic Signature is certified by an accredited provider and ensures the integrity of the electronically signed document, identifies the signatory, prevents them from disavowing the document, and allows for the detection of any modifications to the document. The use of Advanced Electronic Signatures is mandatory for documents with the nature of public instruments or those intended to produce the legal effects of public instruments. Typically, they are used to sign documents with legal implications involving third parties or for the expedited creation of a company.