The electronic signature in Colombia

THE DIGITAL SIGNATURE SUITABLE FOR EVERY NEED

Sign with Viafirma

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Biometric signature

Handwritten signature captured through a tablet or a signature pad

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Certificate-based signatures

Digital certificate signature. These are certificates issued by a Certificate Authority which validates the signature and the signer's identity

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Firma en la nube

Sign with a digital certificate stored on a secure server (HSM), with robust authentication

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Server-based signature

Certificate-based signatures, without required user interaction

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OTP SMS & OTP email

Signature linked to an OTP code (one-time-password) sent to the signatory's smartphone via SMS

We will now outline the laws on electronic signatures in Colombia.

If you are looking for an electronic signature solution for your company, you can visit our Colombian website for more information.

Digital signatures are booming in Latin America, especially in Colombia.
The regulatory framework in Colombia is one of the first specific legislations in the region.

Electronic signature in Colombia

The main laws that are relevant for Viafirma in Colombia are:

Ley 527 de 1999

Law 527 establishes that the parties can use the electronic signature for any agreement if there is consent by both sides. 2 types are recognized:

  1. Digital signature “with the same validity and effects as the handwritten signature” and, according to Decreto 2364 de 2012, with mechanisms that guarantee authenticity and integrity.
  2. Electronic signature with significant reduction in the burden of proof.

It must have the following attributes to have the same legal validity as the handwritten signature:

Amended by Decreto 19 de 2012, which lists the rules for abolishing or reshaping existing unnecessary regulations, procedures and formalities from the Public Administration.

Ley 527 de 1999 is based on The Model Law on Electronic Commerce (MLEC) from United Nations Commission on International Trade Law. Article 7 stipulates the principle of functional equivalence of electronic signatures, provided that the same functions are fulfilled as those attributed to handwritten signatures. The minimum conditions to be met are:

In Article 2 of Law 527 digital signatures are defined as ”a numerical value which is attached to a data message and which, using a known mathematical procedure, is linked both to both the key of the originator and to the message text”, referring to asymmetric encryption algorithms that use both public and private keys for signature creation and verification.

The decision of the Colombian Supreme Court on December 16, 2010, includes digital and electronic signatures as recognized legal categories in the 527 legislation.

Prohibition of client software certificates

Decreto 1413, in August 2017 prohibits the use of software certificates on clients, limiting the signature to token devices or centralized signature (cloud signature).

Certification Authorities

Law 527 also states that the certification entities are responsible for granting digital signatures, under the control and supervision of the Superintendency of Industry and Commerce. Decreto 1747 de 2000 defines the certification authorities.

Other applicable regulations

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