Why opt for electronic signatures?
In the wake of digital transformation, sending electronic documents online has become a common practice. Often, these documents require signatures as proof of the agreement. This is achieved with the help of electronic signatures. They provide an efficient way to sign documents online, reducing paperwork and enabling more streamlined transactions.
In addition to easing the process, e-signatures help protect your documents with their enhanced security and authentication techniques. They outweigh handwritten signatures in various aspects, with security being the most significant. As a result, e-signatures are gaining popularity with businesses worldwide, helping them meet their objectives efficiently.
E-signatures: A step towards a paperless Peru
As Peru accelerates its digital transformation, e-signatures are playing a crucial role in driving innovation and efficiency across industries. By moving away from paper-based processes, businesses can streamline operations, cut costs, and improve turnaround times for contracts and agreements. Adopting digital solutions like e-signatures not only boosts productivity but also supports Peru's broader push toward a more tech-driven, inclusive economy. This move strengthens the country's role in the global digital landscape, promoting business growth and environmental sustainability.
Zoho Sign, a powerful digital signature solution, is the ideal tool for businesses seeking to go paperless. With its secure, intuitive interface, Zoho Sign delivers a range of benefits, including:
- Speed
- Increased productivity
- Reliable authentication
- Enhanced security
- Remote access capabilities
- Streamlined user experience
- Cost efficiency
Leading areas of e-signature adoption
Legal recognition of e-signatures in Peru
Peru has developed a robust legal framework for electronic signatures, ensuring security, validity, and enforceability in digital transactions. Let's delve into the key elements of e-signature laws in Peru and the requirements for an e-signature to be considered legally binding.
Electronic Signatures in accordance with the Civil Code
Where the law mandates that the expression of will requires a signature, it can be fulfilled through an electronic, optical, or any other similar method.
Types of electronic signatures
In Peru, there are three distinct types of electronic signatures, each offering different levels of security and legal recognition. Here's a brief overview of the different types:
- Simple Electronic Signature
- Advanced Electronic Signature
- Qualified Electronic Signature
Simple Electronic Signature
This is an electronic representation of data attached to or logically linked with other electronic data, used by the signer to sign.
Advanced Electronic Signature
This is an enhanced form of a simple electronic signature that meets these criteria:
- It is uniquely linked with the signer.
- It identifies the signer.
- It is generated using signature creation data controlled by the signer.
- Any alteration of the signed electronic data is detectable.
Qualified Electronic Signature
Also known as a Digital Signature, this is an Advanced Electronic Signature that adheres to the regulations of Law No. 27269. To be considered valid, a Digital Signature must meet the following requirements:
- It identifies the signer and is uniquely linked with them.
- It is under the exclusive control of the signer.
- It is connected to the data in a way that ensures the integrity of the information.
- It enables the detection of any alterations to the data after the signature.
- It is generated using digital certificates that meet specific regulatory standards.
Digital Signatures are created using Digital Certificates that meet the following criteria:
- Issued by a Certification Entity accredited by INDECOPI
- Included in the IOFE under cross-certification agreements, in line with Article 74 of Law No. 052-2008-PCM
- Recognized through mutual recognition agreements established under Article 72 of Law No. 052-2008-PCM
- Issued by foreign certification entities accredited in accordance with Article 73 of Law No. 052-2008-PCM
Digital certificate
A Digital Certificate is an electronic document, issued and signed by a Certification Entity, that links a pair of cryptographic keys with an individual to verify their identity. These certificates are issued by digital certification service providers accredited by the Autoridad Administrativa Competente (AAC): the Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual (INDECOPI).
Legal recognition of digital signatures
Supreme Decree No. 052-2008-PCM grants legal recognition to digital signatures created within the Official Electronic Signature Infrastructure (IOFE), equating them to handwritten signatures in terms of validity and enforceability.
The responsibility for proving the authenticity of a signature varies based on the type of Electronic Signature
- Simple and Advanced Electronic Signatures: The person claiming the signature's authenticity bears the burden of proof.
- Qualified Electronic Signatures: The person challenging the authenticity of the signature bears the burden of proving its invalidity.
Digital signatures created outside the IOFE are still considered valid if the parties involved agree to the method of digital signature to be used.
Legal admissibility of digital signatures
Electronic documents signed with Digital Signatures are legally admissible in both judicial and administrative proceedings, provided it is created using either:
- A digital certificate as outlined above
- Digital signature software accredited by the AAC
Presumptions arising from the use of digital signatures
- The holder of a Digital Certificate has exclusive control over the private key, ensuring a high level of trust, even when the key is managed by an accredited Value-added Service Provider through a remote signature creation system.
- The electronic document has been signed using the private key linked to the Subscriber.
- The electronic document remains unaltered since the signature has been applied.
Conditions under which a digital signature is invalid
- When the Digital Signature is used for purposes other than those for which the Digital Certificate was originally issued
- When the Digital Signature is applied after the Digital Certificate has been revoked or canceled in accordance with the law
Timestamping
Timestamps record the date and time to confirm that specific data or a digital object existed at a particular moment and has not been altered since. This service is provided by Value-added Service Providers who carry out processes without requiring the digital signature of the end user.
Document timestamping provided by Zoho Sign
Zoho Sign partners with recognized timestamping authorities, GlobalSign and Seiko, to provide trusted digital timestamps for electronic transactions. These timestamps validate the authenticity of e-signatures and verify that the signed document existed in the given form at the time of signing and remains unaltered, adding a robust layer of security to the signing process. By making signatures tamper-proof, digital timestamps enhance the reliability of signed documents for both legal and commercial purposes.
The essential benefits of Zoho Sign for Peruvian businesses
Zoho Sign offers an innovative, digital solution for easily creating, signing, and managing documents. With its powerful features, Zoho Sign helps optimize business workflows, increase efficiency, and secure your digital transactions. Here's how it can benefit businesses in Peru:
Identification and reliability:
Zoho Sign employs strong authentication techniques, such as OTP authentication and PKI-based digital signatures using digital certificates, to ensure that the e-signature is uniquely identifiable.
Sole control over the data being signed:
Only the signatory is allowed to review the document before signing and may reject the document if necessary.
Detectable alterations:
Zoho Sign ensures any alterations to the electronic signature or the document to which the signature is affixed are detectable through an elaborate audit trail of all activities during the signing process. This audit trail comprises critical information, such as the identity of the signatory, the timestamp of the signature, and changes made to the document.
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 exposure of documents and data from data breaches.
Audit trails:
Audit trails provide a comprehensive itemized record of every action taken on a document, ensuring full transparency and accountability throughout the signing process. This detailed log enhances security and serves as legal evidence in case of disputes, making it a vital tool for businesses to maintain compliance and trust in their digital transactions.
Key takeaway
As electronic signatures become more widely adopted in Peru, businesses are rethinking how they manage contracts and agreements. E-signatures provide a secure, efficient alternative to traditional paper-based processes, ensuring both compliance with Peru's evolving legal standards and enhanced operational efficiency. Zoho Sign leads the way with an easy-to-use platform that offers robust security measures and detailed audit trails, making it easier than ever for businesses to transition to a fully digital workflow. Embrace the future of legal transactions with Zoho Sign and simplify your business operations in Peru!
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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.