The electronic signature in Puerto Rico

The current regulation in Puerto Rico is Law 359 of 2004, regarding electronic signatures. Unlike most Latin American countries, Puerto Rico is more similar to the United States system than to Spain and, therefore, to Europe, due to its status as a Commonwealth of the United States.

Key points about electronic signatures in Puerto Rico

Law 359 of 2004 only recognizes the electronic signature, which would be equivalent to the advanced electronic signature. The simple electronic signature is not mentioned. However, for the electronic signature to have legal validity, it must meet the following requirements:

  1. Identify a natural or legal person, referred to as the signatory.
  2. Be created with data that the signatory maintains under their exclusive control, so that it is uniquely and individually linked to the signatory.
  3. It should be possible to detect any alteration of the electronic signature made after the time of signing.
  4. When one of the legal requirements of the signature is to provide security regarding the integrity of the corresponding information, it should be possible to detect any alteration of that information made after the time of signing.
  5. Correspond to a valid Electronic Signature Certificate issued by a duly accredited Certification Authority.

By meeting these requirements, the electronic signature will have legal validity in Puerto Rico.

Updates on electronic signatures in Puerto Rico

Although Law 359 of 2004 is the primary regulatory framework for electronic signatures in Puerto Rico, it is not the only one. In 2021, Administrative Order OAJP-2021-085 was approved, authorizing the use of recognized electronic signatures for notarial matters in Puerto Rico. This expansion allows for more notarial matters to be processed electronically.

Viafirma S.L. is a registered trademark in Puerto Rico

If you are looking for a document signing solution in Puerto Rico, we have the solution that fits your needs at Viafirma. Contact us, and we will provide you with information about our electronic signature products and solutions.