eSignature Legality in Colombia

E-Signature Legality Summary

Law 527 of 1999 

Law 527 of 1999 regulates e-commerce and provides the basis for the existence and enforceability of electronic and digital signatures and electronic records (data messages), establishing the principle of functional equivalence between electronic and paper-based documents, as well as between electronic and handwritten signatures. The following are the most relevant articles:

• Article 2: Defines data messages and digital signatures;

• Article 6: Provides that any legal requirement for a written document is satisfied by a data message, provided the information is available for later consultation;

• Article 7: Establishes that any legal requirement for a signature may be complied with through a signature method that: (a) uses a mechanism that allows for the identification of the initiator (signatory) of a data message and his/her approval; and (b) uses a reliable mechanism to guarantee the above;

• Article 10: Recognizes data messages as admissible evidence in administrative and judicial proceedings;

• Article 28: Provides digital signature enforceability requirements; and

• Chapter III: Regulates digital signature certificates and certification entities.

Decree 1074 of 2015

Decree 1074 of 2015 (which compiles the dispositions previously contained in Decree 2364 of 2012) clarifies the differentiation between electronic signatures (as a broad category) and digital signatures (as a specific type of electronic signature). The following are the most relevant provisions:

• Article  2.2.2.47.1.: Defines electronic signatures;

• Articles 2.2.2.47.3. and 2.2.2.47.4.: Recognizes the enforceability of electronic signatures;

• Article 2.2.2.47.4.: Establishes electronic signature reliability requirements; and

• Article 2.2.2.47.8.: Sets electronic signature security requirements.

Additional Rules 

• Decree 526 of 2021: Regulates the use of electronic and digital signatures in employment contracts. Establishes that employment contracts may be validly signed with either digital or electronic signatures.

• Law 2121 of 2021: Governs remote work arrangements and authorizes the use of electronic or digital signatures for employment contracts involving remote workers.

Law 2213 of 2022: Permanently adopts several measures originally introduced by Decree 806 of 2020, including the broad use of electronic documents, data messages, and electronic signatures in judicial proceedings, reinforcing their evidentiary and procedural validity.

Types of Permitted Electronic Signature

Electronic Signatures

An electronic signature is defined as any reliable and adequate method used to identify an individual regarding a data message, including, among others, personal identification codes, usernames and passwords, biometric data, cryptographic passwords and multi-factor authentication mechanisms.

For an electronic signature to be considered reliable and enforceable under Colombian law, the following criteria must be met:

• The signature allows for the identification of the signer;

• The means used to create the electronic signature (e.g., credentials, authentication factors, signature keys) must be under the exclusive control of the signatory at the time of signing;

• The mechanism used for signing allows for the detection of any alteration made to the data message after the signature was added; and

• Such mechanism allows for subsequent verification for evidentiary purposes of the signer’s identity and the integrity of the signed data message.

These requirements are assessed on a case-by-case basis, depending on the nature of the transaction and the risks involved.

Digital Signatures

A digital signature (which is a type of electronic signature) is a numeric value that is added to a data message that, using a known mathematical procedure applied to text of the message using the password of the signer, allows for a determination that such value was obtained exclusively using the password of the signer and that the message has not been altered after such procedure.

Digital signatures must be supported by a certificate issued by a certification authority accredited by the National Accreditation Body of Colombia (ONAC). While Colombian law does not establish a formal hierarchy between electronic and digital signatures, digital signatures benefit from a legal presumption of authenticity and integrity, which significantly reduces evidentiary burdens in disputes. 

Documents That May be Signed Electronically

The general rule is that any document that may be signed by hand may also be electronically signed. Typically, Colombian law does not impose specific formal requirements for electronic signatures, provided that reliability and integrity standards are met; any form of electronic signature that meets the definitions above for an electronic signature or a digital signature may be used. 

However, certain acts and contracts subject to special formalities (e.g., those requiring notarization, authentication, or execution through public deeds) may require additional requirements beyond a standard electronic signature.

Further Guidance

An electronic signature shall have the same validity and legal effects as a handwritten signature, provided that the electronic signature is determined to be reliable and appropriate for the intended purpose. Digital signatures are presumed to be valid due to the accreditation given by ONAC.

Regarding digital signatures, ONAC has a searchable directory of entities that are accredited to grant certificates for digital signatures. 

Moreover, regarding contracts, Law 527 of 1999 establishes that, in the formation of a contract, unless expressly agreed between the contracting parties, the offer and its acceptance may be expressed by means of a data message. Data messages are defined as information generated, sent, received, stored or communicated by electronic, optical or similar means, such as, electronic data interchange (EDI), the Internet, electronic mail, telegram, telex or facsimile. Therefore, the validity or binding force of a contract shall not be denied for the sole reason that one or more data messages have been used in its formation.

In addition, Colombian administrative and judicial procedure rules generally recognize the use of data messages and electronic documents as admissible evidence, provided their integrity, authenticity, and the ability to access the information for later consultation are ensured.

Also, additional laws and directives apply with respect to the use of electronic signatures by specific regulators and governmental authorities, or by private individuals interacting with such regulators or authorities or otherwise acting in a public capacity.

Enforcement Penalties for Non-Compliance

Failing to comply with the applicable reliability and integrity requirements for electronic and digital signatures established by the regulation for them to be considered as valid may result in:

1. The electronic document being deemed enforceable or lacking evidentiary value; and

2. The act or contract being challenged if special formalities (e.g., notarization or public deeds) were not properly observed.

Seminal Case Law

The following cases are examples of where a Colombian court addressed the use of electronic signatures:

• Colombian Supreme Court. Decision issued on December 16, 2010. Rad. 2004-01074-01 (in Spanish)

• Constitutional Court. Decision C-662 issued in 2000 (in Spanish)

• State Council. File: 11001-03-24-000-2010-00530-00 issued in 2018 (in Spanish)