Updated in December 2023
Types of electronic signature with Viafirma
The electronic signature must guarantee the authenticity, confidentiality and integrity of the signed message or document. For this purpose, different authentication methods or factors or identity data are used. The main types are:
- Digital signature: It is a numerical value that is added to a message or document and guarantees its integrity and authenticity by means of asymmetric cryptography and a digital certificate.
- Electronic signature: Any method that makes it possible to identify a person in relation to a message or document.
- Certified electronic signature: Any method of electronic signature made with identity factors or data, which includes a digital certificate to guarantee its security and integrity.
Legal validity of the digital signature in Peru
The main legislation regulating electronic signatures in Peru is Law No. 27269 on digital signatures and certificates. It establishes that the qualified electronic signature – or digital signature – generated within the Official Electronic Signature Infrastructure, has the same validity and legal effectiveness as the use of a handwritten signature. Therefore, the digital signature can be used to carry out transactions with public and private entities, individuals and companies.
In February 2021, the Regulations of the Law of Digital Signatures and Certificates classified the types of electronic signatures in Peru:
- Simple electronic signatureData in electronic format attached to or logically associated with others, used by a signatory to sign.
- Advanced electronic signature Simple electronic signature that, uniquely linked to the signatory, allows the signatory to be identified. It has been created using signature creation data that the signatory can use under his control, and is linked to the signed data, so that any subsequent modification of the signed data is detectable.
- Qualified electronic signature When we talk about this type of signature, we talk about digital signature. It is one that has the same validity and legal effectiveness as the handwritten signature; being generated by a duly accredited Digital Certification Service Provider. It is the appropriate signature to use in case of signing contracts, documents or transactions that require legal validity, since it guarantees the authorship, integrity and acceptance of electronic documents.
However, to digitally sign a document, a digital certificate issued by a Certification Entity in the name of the certificate holder is required.
How to obtain a Digital Certificate in Peru?
As we have said, in order to use the electronic signature in Peru it is essential to have a digital certificate. In this country, digital certificates must be acquired in a Certification Entity accredited by the National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI).
The digital certificates can be of Natural Person and Legal Person, having to follow in each one of them a different procedure to obtain them:
Procedure to obtain a digital certificate of natural person
The validity of a natural person’s digital certificate can range from one to three years; taking this variable as a reference to establish the price of the digital certificate. However, it is advisable to hire a certificate with a longer validity, since the term to reapply for it will be shorter and, in addition, a better price will be obtained.
To obtain a natural person certificate you need:
- To have an identity document (ID) or Alien Registration Card (ARC).
- Access the website of one of the accredited Certification Entities and request a digital certificate.
- Make the payment following the instructions.
The Certification Authority will need to validate the identity of the applicant and verify the payment. The delivery of the certificate consists of sending a download link of the digital certificate to the certificate holder’s email, and is usually immediate.
Procedure to obtain a digital certificate of legal entity
The legal entity digital certificate is used to identify one or more legal representatives and other employees of the company. In this case, the certificate can be valid for 1 or 2 years. To use it, the use of a token is required and that the Entity has signed a Contract for the Provision of Digital Certification Services for Legal Entities with RENIEC.
Regulations on electronic signatures in Peru
The specific regulations on electronic signatures in Peru under which RENIEC develops its activities concerning the digital certification process are as follows:
- Law No. 27269: Law on Digital Signatures and Certificates, regulates the use of electronic signatures, its scope of application, the digital certificate and its content.
- Law No. 27310: Amending Law No. 27269.
- Supreme Decree N° 052-2008 – PCM: Regulation of the Law of Digital Signatures and Certificates.
- Decreto Supremo Nº 070-2011 – PCM: modifica el Reglamento de la Ley 27269 y establece normas aplicables al Procedimiento Registral en virtud del Decreto Legislativo Nº 681 y ampliatorias.
- Supreme Decree Nº 105-2012 – PCM: establishes provisions to facilitate the implementation of digital signatures and amends Supreme Decree Nº 052-2008 – PCM.
- Supreme Decree No. 026-2016 – PCM: approves measures for the strengthening of the Official Electronic Signature Infrastructure and the progressive implementation of the digital signature in the Public and Private Sector.
Viafirma is a registered trademark in Peru
Viafirma is a registered and recognized trademark in Peru since October 4, 2021, by the National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI).
If you are looking for an electronic signature solution in Peru, we have in Viafirma the solution that adapts to your needs. You will be able to integrate the electronic signature in your own software through our API, or directly using our application to manage the signature of documents such as contracts or informed consents, in a fast and easy way.