Electronic signatures in Chile: when to use simple and when advanced (Ley 19.799)

Signing a contract no longer requires printing, scanning or going to a notary in many cases. Ley 19.799, in force since 2002 and still the legal framework…

2026-06-10 · Automation

Signing a contract no longer requires printing, scanning or going to a notary in many cases. Ley 19.799, in force since 2002 and still the Chilean legal framework for electronic documents and signatures, recognises full legal validity for digitally signed contracts. But there are important nuances: not all electronic signatures are the same or serve the same purpose. Here it is explained.

What the law says: two types of signature

Ley 19.799 distinguishes two categories with different legal effects:

Simple electronic signature (FES): any electronic data allowing the signatory to be identified and their identity linked to a document. A click on "I accept the terms", a signature drawn with a finger on a screen or even an email from a verified account can be a simple electronic signature. It has legal validity, but its evidential weight can be questioned if challenged in court.
Advanced electronic signature (FEA): certified by a provider accredited with the Ministry of Economy. It is uniquely linked to the signatory, created by means only they control, and it allows any later alteration of the document to be detected. The law gives it the same evidential value as a public instrument —equivalent to a notarial deed—.

Technical requirements of the advanced electronic signature

The FEA is not obtained simply by registering on a platform. The artículo 2° of Ley 19.799 provides that it must meet three cumulative conditions:

Uniqueness: being exclusively linked to its holder.
Exclusive control: having been created by means the holder keeps under their exclusive control, so nobody else can replicate it.
Alteration detection: any later modification of the signed document is technically recorded and detectable.

To meet these requirements, accredited certification providers verify the applicant's identity in person the first time the certificate is issued. This is the critical point: there is no 100% remote FEA in the Chilean model except where expressly enabled.

What is each one for?

Standard practice in Chile —validated by rulings of the Dirección del Trabajo— sets out:

FES: simple service contracts, annexes, confidentiality agreements, terms and conditions, acceptances of commercial proposals. It works well when both parties agree and the relationship is not adversarial.
FEA: employment contracts, payslips, powers of attorney, property lease contracts, documents to be produced in court with a high degree of certainty as to authenticity, or any procedure before public bodies that expressly requires it.

What CANNOT be signed electronically

The law has important exceptions. Electronic signatures are not accepted for:

Family law acts requiring physical presence (marriage, adoption).
Documents the law requires to be executed before a notary in person, where the notary must attest to the physical identity of the party appearing.
Some acts where the law requires a "public deed" in the strict sense, depending on the prevailing legal interpretation.

For any doubt about a specific document, legal advice is indispensable.

Where to obtain an advanced electronic signature in Chile

There are two main routes:

Accredited private providers: companies certified with the Ministry of Economy. The official, current list can be consulted on the Gobierno Digital portal. The process involves an in-person identity check, the issue of a digital certificate and its use on compatible signing platforms.
FirmaGob (public sector): the State offers its own advanced electronic signature platform for public officials and authorities at firma.digital.gob.cl. It is free for public institutions and works with Clave Única as the authentication method. If you are an official or work with State bodies, this is the usual route.

There is also the State's Clave Única, which on certain platforms acts as an authentication mechanism with equivalent value for public procedures, although technically it does not constitute an FEA in every context.

A concrete example: the digital employment contract

Since at least 2008, the Dirección del Trabajo has validated the use of electronic signatures for employment contracts and documentation. Dictamen N°3170/63 and later rulings confirm there is no impediment to entering into employment contracts by electronic means, provided the requirements of Ley 19.799 are met. The employer can send the contract through a digital platform, the worker signs it from their phone, and that document has full validity.

What cannot be missing is the record of the signing process: who signed, when, from what IP address or device, and what authentication method was used. Without that technical trail, a simple signature can be very hard to evidence in an inspection or an employment claim. It is the difference between having a contract and being able to prove it.

Quick comparison: when to use each type?

Use FES when: the risk of dispute is low, both parties are known to each other and in agreement, and the contract does not require registration or filing with public bodies.
Use FEA when: the value of the contract is high, there is a real risk of litigation, the document must have effect against third parties or the State, or where the law expressly requires it (for example, certain acts under the Civil Code or Registro Civil procedures).
Neither FES nor FEA works for: civil status acts (marriage, adoption), public deeds where the law requires physical notarial involvement, and other acts fixed by law.

How it relates to personal data

Using an electronic signature platform means processing personal data —identity, email, signing history—. With Ley 21.719 coming fully into force in December 2026, companies offering or using these platforms will have to ensure that processing meets the new standard: an explicit legal basis, clear privacy policies and responses to data subjects' ARCO rights. You can read more in the article on privacy and the right to be forgotten.

In summary

Electronic signatures have had full legal validity in Chile since 2002. The simple one is practical and sufficient for many contracts; the advanced one is equivalent to a public instrument and is indispensable where legal certainty is critical. Knowing the difference —and keeping good records of the signing process— can avoid unnecessary evidential problems. If you handle contracts regularly, reviewing which type of signature you use in each case is not bureaucracy: it is risk management.

Sources: Ley 19.799 — BCN; Gobierno Digital Chile; FirmaGob — Secretaría de Gobierno Digital; Dictamen DT N°3170/63. Informational content: it does not replace professional advice.

— Mindset & Code · Legal-Tech Chile · law and technology, explained simply.