eSignature Legality Summary
Peruvian law states that a handwritten signature is not necessarily required for a contract to be seen as “valid”. Contracts are valid as long as legally competent individuals have reached an agreement - agreeing verbally, electronically, or by physically signing – article 1373 of Civil Code). Specifically, Articles 141-A and 1374 of the Peruvian Civil Code denote the enforceability of the contracts based on agreements concluded orally, in writing or electronically and cannot be dismissed on the grounds that they are electronic in nature.
The parties involved may have to provide additional evidence under articles 233 and 234 of Peruvian Civil Procedure Code to assure the court that content in the document is unaltered, and if some facts that contradict its validity may arise during the process, the Judge can analyze it on a case-by-case basis to find sufficient evidence that can prove the authenticity and validity of the contract.*The information on this site is "AS IS" and for general information purposes only.
General Business Use (Yes)
Whilst 100% legal; there are exceptions for very specific types of transactions. It is still up to the discretion of the independent user, or governing body, whether they are used or not. As each business needs are different and the agreements themselves may vary. We always adviseyou to speak with an authority within your businesses category.
Each country has its own regulations that determine whether an electronicsignature is seen as legal or not. So, as long as your electronic signature adheres to these, a signature won't be rejected simply for not being handwritten.
e-Signature Legal Model (Tiered)
Peru’s legal model is a tiered one. This means that Qualified ElectronicSignatures are seen as a legal type of e-signature. This doesn’t mean that a non-QES e-Signature can’t be submitted in court, but it will need extra evidence to support it.
emSigner Supports Following Use Cases for Standard Electronic Signatures (SES)
- Employment Contracts, benefits paperwork and other new employee onboarding processes, but not termination notices
- Commercial agreements between corporate entities including NDAs, procurement documents, sales agreements
- Consumer agreements including new retail account opening documents
- Certain real estate documents including Lease agreements, certain purchase and sales contracts
emSigner Works With the Local Trust Service Providers and Supports Following Use Cases For Qualified Electronic Signature (QES)
- Assignment of rights
- Extrajudicial settlement
- Asset custody agreement
- Partition of inheritances
- Movable property donation when its value exceeds a certain amount
- Supply contracts when they are carried out as a liberality
Use Cases That Are Not Supported or Typically Not Appropriate for Electronic Signatures or Digital Transaction Management Using emSigner
Following are the use cases that are specifically not supported for digital or electronicprocesses or that includes requirements wherein wet ink or handwritten signatures or formal notarization is required for Public deed.
- Certain powers of attorney (Article 156 of Peruvian Civil Code)
- Mortgages (Article 1098 of Peruvian Civil Code)
- Antichresis (Article 1092 of Peruvian Civil Code)
- Certain wills (Article 696 of Peruvian Civil Code)
- Certain real estate agreements such as real property transfer, donation of estateproperty, but not but not lease contracts and other contracts related to real estate, which can be validly signed using any form of electronic signature (Article 1625 of Peruvian Civil Code)
- Incorporation of civil legal entities and all acts that entail a change of company’s Bylaws (Article 5 of the General Law of Corporations; Article 81 and 100 of Peruvian Civil Code)
- All acts and/or agreements that are accessory to agreements executed by public deed
- Family law documents such as wills, waiver of inheritance, establishment of family assets, partition of inheritance, marriage/prenuptial separation of goods (Article 675 and 496 of Peruvian Civil Code)
“Digital Signature” means a transformation of a message using an asymmetric cryptosystem
such that a person having the initial message and the signer’s public key can accurately
(a) whether the transformation was created using the private key that corresponds to the signer’s public key; and
(b) whether the message has been altered since the transformation was made
*A QES is a specific digital signature implementation that has met the particularspecifications of a government, including using a secure signature creation device, and been certified as ‘qualified’ by either that government or a party contracted by that government.
eMudhra, and all associates including agents, officers, employees or affiliates, are not liable for any direct, indirect, incidental, special, exemplary or consequential damages.