After all, is the electronic signature valid in other countries?

The digitalization of legal and administrative processes has been gaining momentum throughout the world, from Brazil to Japan. At the heart of this change is the electronic signature, a resource that reduces bureaucracy, speeds up contracts and contributes to a more efficient business environment. But a common question arises among companies that operate internationally: Is the electronic signature valid in other countries?

The answer is yes. Continue reading this article to find out how it is applied in each place.

How electronic signature works internationally

The validity of an electronic signature outside Brazil depends on the legislation of each country. While in Brazil it is regulated by Law No. 14.063 / 2020, other countries adopt their own legal frameworks. For an electronically signed document to be recognized in a foreign country, it is necessary that:

• local legislation accepts electronic signatures;
• the type of signature is compatible with legal requirements;
• there is legal equivalence between the parties involved;
• the platform used complies with the required security standards.

Furthermore, it is essential to understand that interoperability between digital systems can be a technical challenge. Many countries have specific requirements regarding the type of digital certificate used, authentication methods or even the way information is stored. 

Therefore, it is common for companies with global operations to look for solutions capable of adapting their flows according to the jurisdiction in question, ensuring not only legal validity, but also trust in transactions.

International treaties and regulations

Let's now see how electronic signatures work in different countries.

Asia

Asia has adopted different approaches to the validity of electronic signatures. Countries such as Japan, South Korea and China have specific legislation that recognizes their legality, although with different levels of technical requirements.

Japan

In Japan, the validity of electronic signatures is governed by Electronic Signatures and Certificates Law, in force since 2001. The legislation establishes that digitally signed documents have the same legal weight as physical documents, with exceptions for cases such as wills. 

The country also recognizes certificates issued by accredited authorities, which offers additional security in transactions between companies. For those who work with selection processes and contracts in Japan, understanding these nuances is essential.

South Korea

In South Korea, the Electronic Signatures Law It was implemented back in 1999, establishing one of the most advanced and comprehensive systems in the world. The country adopts the model It has two levels of functionality and encourages the use of digital signatures as the preferred method, especially in business and public processes.

China

Already in China, despite the existence of Electronic Signatures Law Since 2005, there has still been a preference for paper documents, especially in negotiations with the government. Even so, private companies have been adopting electronic platforms on a large scale to speed up commercial agreements, requiring robust verification mechanisms, such as IP tracking and two-factor authentication.

United States

In the US, electronic signatures have been legally valid since 2000 with the creation of the ESIGN Act (Electronic Signatures in Global and National Commerce Act). Federal law ensures that any electronic signature has the same weight as a paper signature. States also follow the UETA (Uniform Electronic Transactions Act), adopted by almost all states.

Furthermore, the United States adopts a technology-neutral stance, allowing different forms of electronic authentication to be valid, as long as the parties involved recognize the method used. This flexibility is essential in a country with a strong culture of innovation and a large volume of digital transactions.

European Union

In the European Union, the regulation eIDAS (Electronic Identification and Trust Services), in force since 2016, standardizes the validity of electronic signatures in the 27 member states. This allows a contract signed digitally in Portugal, for example, to be legally recognized in Germany.

eIDAS also defines three types of signature: simple, advanced and qualified. The latter requires a certificate issued by an accredited service provider, ensuring the highest level of legal security. European standardization has been seen as a global reference for integrations between countries.

Latin America

Latin America has made progress in initiatives to standardize the use of electronic signatures and facilitate cross-border recognition. By 2024, a meeting between representatives of 11 countries discussed ways of digital integration, showing that the trend is to seek greater uniformity in processes, especially in contracts with foreign companies.

Argentina

The legislation distinguishes between electronic signature and digital signature, the latter being regulated by 25.506 Law. Both are valid, as long as they guarantee the identity of the signatory, the expression of will and the integrity of the document. However, their use in public bodies is still limited.

It should be noted that, although the Civil and Commercial Code accept freedom in a contractual manner, there are exceptions. Real estate contracts, for example, continue to require a public deed and are not compatible with electronic signatures, which requires extra attention from those who operate with this type of transaction.

Mexico

Governed by the Federal Commercial Code, the country accepts two types: standard and advanced electronic signatures. Both are legally recognized, as long as the data is kept in its original form and attributed to the signatory.

Electronic signatures are also used in a variety of areas, such as opening bank accounts, issuing policies and administrative processes. The widespread adoption is related to the Mexican government's efforts to digitize its services, even with limitations in more sensitive sectors, such as the justice system.

Chile

Chile has a difference between Simple Electronic Signature (FES) and Advanced Electronic Signature (FEA). FES is widely used in administrative processes, while FEA is required for acts that generate legal effects with third parties, such as contracts and registrations.

Chilean legislation is one of the most detailed in the region. There are specific technical standards for the certification of advanced signatures, requiring constant auditing of providers. In addition, companies and citizens must verify the mandatory use of FEA depending on the type of document signed.

Colombia

Based on the Law 527/1999 and Decree 2.364 / 2012, any mechanism that identifies the signatory can be considered an electronic signature. Recently, judges and public agencies have begun to widely accept these signatures, which was uncommon before the pandemic.

The progress was driven by emergency measures during the health crisis, which relaxed rules and encouraged the use of electronic means. Today, Colombian companies use electronic signatures even to register tax documents, including in interactions with the public sector.

Peru

O Supreme Decree No. 029-2021-PCM recognizes three types: simple, advanced and qualified. ZapSign, for example, is compatible with the advanced model, being valid for most business applications in the country.

Peru has excelled in adopting technology for commercial transactions and also in integrating with other Andean nations. Mutual recognition among trust service providers is under discussion, which could further facilitate international business between Peruvian and foreign companies.

Uruguay

A 18.600 Law guarantees the validity of the electronic signature when accepted by the parties. To prove its validity, the interested party must demonstrate the identity of the signatory and the integrity of the document.

Furthermore, the Uruguayan government promotes intensive use of digital certificates on public service portals. This digital culture has favored the business environment, with a high rate of adoption of electronic processes by companies, especially startups and fintechs.

Bolívia

A Law No. 164 classifies the electronic signature as a piece of evidence, which means that its admissibility depends on other complementary evidence, such as the identification of the signatory and the history of interactions.

This requires companies to archive all elements that prove the signatory's intent and participation, such as IP, date and time, and intermediate authentications. 

Global legislation models for electronic signature

Electronic signature laws fall into three categories:

• Minimalist: accept any type of electronic signature with broad admissibility (as in the USA, Australia and Canada);
• prescriptive: require specific digital certificates and strict rules (as in Brazil and India);
• two-level: allow both simple and qualified signatures, depending on the type of document (as in Europe, China and South Korea).

These models directly affect the choice of platforms and internal flows of companies. In countries with prescriptive laws, for example, simply collecting an acceptance may not be enough to guarantee the legal validity of a document. In minimalist models, there is greater freedom to adopt solutions based on the will of the parties and the authentication methods available.

Differences between electronic signature and digital signature

Although often used synonymously, electronic and digital signatures have technical differences:

• electronic signature: any electronic form of expression of will, such as clicking on “accept” or a signature made with a finger on the screen;
• digital signature: uses public key cryptography and digital certificates for authentication.

The difference also impacts the level of requirement for legal validity. digital signatureBecause it uses cryptography and certification infrastructure, it is generally preferred for documents with higher legal risk. On the other hand, simple electronic signatures are more commonly used in internal agreements, adhesion contracts, and routine consents.

When the electronic signature is accepted

The electronic signature is accepted when it meets the following requirements:

• can identify the signatory;
• demonstrates the intention to enter into a contract;
• guarantees the integrity of the document;
• is recorded in a secure and auditable manner.

These principles are aligned with legislation such as eIDAS, the ESIGN Act and several Latin American laws. This means that secure platforms such as ZapSign, are able to guarantee this compliance.

It is important to remember that some countries still require written signatures for very specific documents, such as property transfers, wills and public records. Therefore, the acceptance of electronic signatures will always depend on the legal context of each transaction.

The relationship between local legislation and legal equivalence

The transnational validation of an electronically signed document depends on:

• of the country where it will be used;
• the type of document (for example, wills or real estate may require a physical signature);
• the platform and type of subscription used;
• the existence of treaties or mutual recognition agreements between countries.

Legal equivalence between the parties presupposes that both are aware of and agree to the use of electronic signatures and that the technology adopted is compatible with local requirements. Tools that maintain detailed records and use two-factor authentication contribute to this security.

Now that you have seen that, yes, electronic signatures are valid in other countries, you now know what steps to take if you need to sign a document with a person or company of another nationality. 

By the way, do you want to understand more about the relationship between documents and international regulations? Because, read now the article about types of employment contracts in Japan and see how legal issues can vary across cultures and countries.