Electronic Signature in Colombia

When doing business, the speed of transactions and their security are fundamental aspects, which is why people and companies are constantly searching for mechanisms to streamline all their transactions. The creation of contract models and documents is a way to streamline these processes, however, the negotiation time is affected by the process of obtaining the signatures of each of the parties. Faced with this situation, technology, through the electronic signature, presents innovative and secure solutions to streamline negotiation processes.

According to the above, if you are one of the people who are looking to streamline your negotiation and document ratification processes, Leypal’s electronic signature is the solution to your problems.

The electronic signature is a very useful tool in business development since it has differentiating elements from the traditional notion of signature. Electronic signatures are mathematical, numerical or logical methods, that is, a set of instructions that primarily serve to identify a person who communicates remotely using computer equipment, to create, process, send, receive or store their information in the form of data messages. These mathematical methods allow to reliably attribute a data message to a specific person, which guarantees the identity of the parties involved in a negotiation or the people who sign a document.

Definition of the electronic signature of Colombia

The definition of electronic signature in Colombia can be found in decree 2364 of 2012, which defines what can be understood as electronic signature, being methods such as codes, passwords, biometric data, or private cryptographic keys, which allows identifying a person, in relation to a data message, as long as it is reliable and appropriate regarding the purposes for which the signature is used, taking care of all the circumstances of the case, as well as any relevant agreement. In addition, an electronic signature will be considered reliable for the purpose for which the data message was generated or communicated if:

  1. The signature creation data, in the context in which they are used, corresponds exclusively to the signer.
  2. It is possible to detect any unauthorized alteration of the data message, made after the time of signature.

What is a data message?

To understand what a data message means, we must go to Law 527 of 1999 of Colombia, which defines data message as the information generated, sent, received, stored or communicated by electronic, optical or similar means, such as, among others, Electronic Data Interchange (EDI), Internet, email, telegram, telex or telefax. In accordance with the foregoing, it is considered that the information consigned in a data message is complete, if it has remained complete and unaltered, except for the addition of any endorsement or any change that is inherent in the communication, file or presentation process. The use of technology, and specifically, the one used by Leypal, allows these characteristics to be fulfilled, since the integrity of the signing process and that of the documents is protected at all times through the use of a qualified time stamp.

Colombian legislation understands that a document is signed electronically if:

  1. a method has been used to identify the initiator of a data message and to indicate that the content has its approval and
  2. that the method is both reliable and appropriate for the purpose for which the message was generated or communicated.

Our biometric electronic signature allows us to identify the signatories, since the biometric data of the signature strokes are collected, being able at a later time, and through an analysis of the signature, know who has been the signer at all times.

On the other hand, it is worth noting that the electronic signature is admissible as evidence in any administrative or judicial action, therefore, it has efficacy, validity or mandatory and burden of proof force, which is why its use is very useful in all negotiations and communications.

Contractual freedom and electronic signature

When talking about contracts, it is vitally important to state what happens with contractual freedom and electronic signature in Colombia. That is why we must go to decree 2364 of 2012 that recognizes the autonomy of will in defining what should be understood as an agreement on the use of the electronic signature mechanism, this being the agreement of wills by which the legal and technical conditions are stipulated to which the parties will adjust to carry out communications, carry out transactions, create electronic documents or any other activity through the use of electronic data exchange. This means that all people can use the electronic signature to formalize the contract in question, as long as the document is not subject to a specific legal requirement as to its form. It is vitally important to understand that under Article 1602 of the Civil Code of Colombia, contracts are law for the parties; every contract legally concluded is a law for the contracting parties, and cannot be invalidated except by their mutual consent or due to legal causes.

Leypal in Colombia

The electronic signature offered by Leypal complies with all the technical and legal requirements required in Colombian legislation, which is why its use will represent a great benefit for companies and individuals who want to streamline their negotiation processes, while improving security in their transactions. Our electronic signature offers the following qualities, which allows us to offer our electronic signature in Colombia.

The signer can be linked uniquely.

There is a precise and unique link as long as the signer receives an email to his email address of which he is the owner.

Allows to identify the signer. 

The signer has a unique and impossible to copy handwritten signature. Biometrics consists of a series of procedures and physical-behavioral tools that allow people to recognize and confirm their identities.

The biometric information we capture comes from the information about the signature strokes, consisting of the points that integrate it and its position, speed, acceleration and finally, in the devices that allow it, the pressure with which it is made. If proof of identity of the signer is necessary, this information may be available to calligraphic experts.

In this way the identity of the individual is confirmed, and together with the qualified time stamp, total security is provided in the accreditation and verification of the identity of the user or signer. Therefore, checking or proving the identity of the signer through the biometric electronic signature offers a high degree of security.

The process of creating the electronic signature is controlled exclusively by the signer

Making the signature requests through our system, the signer decides in which environment he signs and when he does it. The signature requests are sent to the email of which the signer is the owner, and can complete the signature process on the device that he wants, and when he deems it best.

Likewise, the signatory owns the signature creation data in full, since biometrically he makes the signature strokes proving his consent.

Changes in the electronic signature and the documents signed with it are traceable over time

By using the qualified time stamp, the integrity of the electronic data set that make up the electronic signature is guaranteed. That is to say, the time stamp guarantees that a signature was made at a certain time making it impossible to modify it later, since the document is encrypted and sealed once the signing process has been completed.

In addition, the time stamp also guarantees the non-alteration of a series of data associated with the electronic signature, such as the date, time and place of execution of the signature, the email address of the issuer of the document to be signed, the email address of the signer or, the calligraphic characteristics of the signer, that is, his biometrics.

Leypal Commitment

In Leypal, we offer you the simple and advanced electronic signature with the maximum legal guarantees. Our commitment is to help digitize the contractual processes and optimize the signature processes, which is why we help you choose which signature you need, either because of its legality, or because you need a higher conversion rate. Get in touch with us, and start signing all your contracts electronically.