An electronic signature is a legal concept that corresponds electronically to a handwritten signature, that is, the person accepts and verifies the content of electronic information by any legal and authorized electronic means. In 2015, The Electronic Signature Law in El Salvador came into force to equate the simple electronic signature and certified electronic signature with the autographic signature.

Our associate attorney, Adalicia Torres, explained, in a new edition of “Los 5 minutos legales” of Radio Femenina, the implications, basic concepts and benefits in our country of the implementation of the electronic signature.

Our expert exposed that, during the period of pandemic and remote work, it was an important tool in commercial relations at national and international level, with the objective of simplifying those merely bureaucratic tasks.

“The electronic signature helps in remote contracting where the parties cannot meet physically. The electronic signature is not that doodle or drawing that we can do, that would be a graphic representation,” she added.

In addition, Torres has identified that, in the process of adapting this mechanism, the representation of the traditional signature is still added. However, behind the electronic signature there is a whole advanced recording and processing device.

“There is a lot of technology and cryptography that allows that document to establish when it was signed, from which computer it was signed and who had the accesses to be able to sign it. Which allows you to say that that document has not been modified,” she replied.

Our lawyer also brought to discussion the different types of signatures contemplated in the Electronic Signature Law. The first is the autographic signature, which is the mark or sign that a person writes in his own hand on a document, as proof of consent to the information contained in such a document.

The next is the simple electronic signature, which is data consigned in a data message or electronic document used to identify the signer by any available technological means. While the certified electronic signature is the data deposited in a data message or electronic document, generated by means of a secure creation device and allows the signature to be linked to its owner.

The legal team at Torres Legal is qualified to implement and advise on the implementation of electronic signatures in all types of companies in the country’s productive sectors. For inquiries you can contact us through our social networks or visit our offices.