E-signatures: A smarter, safer way to sign documents online
Sending electronic documents online has become a common practice, and these documents often require signatures. Electronic signatures, also called e-signatures, provide an efficient way to sign documents online, leading to reduced paperwork and more streamlined transactions. E-signatures also help protect documents with enhanced security and authentication techniques. As a result, e-signatures have gained popularity worldwide, helping businesses meet their objectives efficiently.
How e-signatures are shaping Guatemala's future
In Guatemala, e-signatures are transforming the way businesses function, offering a practical solution to the challenges of paperwork and slow approvals. For small and medium-sized enterprises (SMEs), e-signatures help overcome traditional hurdles like document delays and high printing costs. As the country advances with its Digital Government Plan, aimed at expanding digital services, businesses are discovering that adopting e-signatures is more than just a time-saver—it's a key step toward increased agility and growth. By simplifying transactions and enhancing security, e-signatures enable Guatemalan companies to stay competitive in an ever-evolving marketplace.
Zoho Sign, a comprehensive digital signature solution, offers key features designed to meet the evolving needs of businesses, such as:
- Speedier signing processes
- Improved productivity
- Signer authentication
- Security
- Remote access
- Improved user experience
- Cost-effectiveness
E-signature usage across key sectors in Guatemala
E-signatures are driving significant change in several Guatemalan industries, such as:
Key legislation governing e-signatures in Guatemala
- Decree No. 47 of 2008
- Governmental Agreement No. 135-2009
Legal validity of Electronic Signatures
In Guatemala, an Electronic Signature is legally recognized as equivalent to a handwritten signature when required by law, as long as the method used to create the Electronic Signature:
- Clearly identifies the signatory and demonstrates their intention regarding the content of the electronic document
- Is reliable and suitable for the intended purpose of the signature
Types of Electronic Signatures
- Electronic Signature
- Advanced Electronic Signature
Requirements for Electronic Signatures
An Electronic Signature must meet the following conditions:
- It must be attached to or logically linked to the electronic document being signed.
- It must clearly identify the signatory.
- It must indicate the signatory's approval of the content of the electronic document.
Requirements for Advanced Electronic Signature
An Advanced Electronic Signature goes a step further and includes the following requirements:
- The signature creation data must be unique to the signatory, meaning only they can generate it.
- The signatory must have sole control over the signature creation data at the time of signing.
- Any changes to the signature or document content after signing must be easily detectable.
Electronic signature certificate
An Electronic Signature Certificate is a digital certification that verifies the connection between the signatory (or certificate holder) and the data used to create their signature. These certificates are issued by an Authorized Provider licensed by the Registro de Prestadores de Servicios de Certificación, as per Governmental Agreement 135-2009.
Legal recognition and evidentiary value
In Guatemala, both Electronic Signatures and Advanced Electronic Signatures are legally recognized and carry the same weight as a handwritten signature, unless otherwise specified by law. These signatures are recognized in court and are governed by the relevant rules of evidence.
However, the law does not limit how the reliability of an Electronic Signature can be proven in court. Parties can present additional evidence to demonstrate the validity of an electronic signature, even beyond the basic requirements set by law.
Moreover, Decree 47/2008 allows parties involved in a transaction to use any type of Electronic Signature or Digital Certificate, as long as there is a valid agreement between them. This agreement ensures that signatures based on digital certificates issued outside of Guatemala are also recognized.
Presumption with Advanced Electronic Signatures
When an Advanced Electronic Signature is used, it is presumed that the signatory intended to certify the content of the electronic document and accept responsibility for it.
Situations where Electronic Signatures cannot be used
Electronic Signatures are not allowed in the following cases:
- Documents involving the state's obligations under international treaties or conventions
- Legal provisions related to death and family law matters
- Transactions that require a formal process or solemnity, which cannot be fulfilled by an electronic document
- Transactions that mandate the physical presence of one of the parties involved
Recognition of Foreign Certification Service Providers
An Electronic Signature based on a Digital Certificate issued by a Certification Service Provider outside of Guatemala can be treated the same as the one issued within Guatemala if:
- It provides a substantially equivalent level of reliability.
- An Authorized Provider in Guatemala approves the foreign digital certificates. To gain approval, foreign certification providers must demonstrate to the Authorizing Entity that their certificates meet technical standards similar to those required by Guatemalan law.
Timestamp
A Timestamp is an electronic record provided by a certification entity that verifies an electronic communication has remained unchanged from the moment the service is applied. It confirms that the document has not been altered within a specific timeframe—starting from the date and time the time stamp is applied, and ending when the validity of the signature on the electronic communication expires, as determined by the stamping service provider.
Zoho Sign partners with recognized timestamping authorities, GlobalSign and Seiko, to provide trusted digital timestamps for electronic transactions. By making signatures tamper-proof, digital timestamps enhance the reliability of signed documents for both legal and commercial purposes.
Why Zoho Sign is the smart choice for your e-signature needs
Zoho Sign empowers Guatemalan businesses with efficiency, security, and seamless digital transformation.
Identification and reliability:
Zoho Sign offers various authentication methods, such as email authentication, SMS authentication, and dynamic knowledge-based authentication, to ensure the e-signature identifies the signatory.
Intention of the signatory:
This can be collectively projected by the contents of the electronic documents (like terms in an agreement), audit trail, and completion certificate.
Control over the data being signed:
Only the signatory is allowed to review the document before signing and may make changes or reject the document if necessary.
Enhanced security:
Zoho Sign employs robust encryption protocols, such as the military grade AES-256 encryption at rest and the TLS/SSL protocol in transit, to ensure that the data transmission between the signing platform and the data being signed is secure. This prevents documents and data exposure in the case of data breaches.
Detectable alterations:
Zoho Sign ensures any alterations to the electronic signature or the document are detectable through an elaborate audit trail of all signing-related activities. This comprises critical information like the identity of the signatory, the timestamp of the signature, and changes made to the document.
Key takeaway
E-signatures are gaining momentum in Guatemala, reshaping the way businesses manage agreements and contracts. Zoho Sign provides a secure, intuitive platform that simplifies workflows, reduces paperwork, and enhances operational efficiency. With advanced security features and detailed audit trails, Zoho Sign empowers Guatemalan businesses to adopt a more streamlined, future-ready approach to digital agreements.
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Disclaimer
The information provided in this document is for general informational purposes only and shall not be construed as legal, regulatory, or any other form of professional advice. Zoho Sign disclaims any liability for any error in the information provided herein. We recommend that you consult your legal counsel for any questions that you may have in this regard.