Simple vs advanced electronic signature in Chile (Law 19.799)
What the difference is between FES and FEA under Chile's Law 19.799, when you need each one, what every level requires and how to implement them in a small business.
Chile’s Law 19.799 recognizes two main levels of electronic signature: simple (FES) and advanced (FEA). Knowing which one to use saves you unnecessary costs or, worse, protects contracts from being challenged. This guide is for small businesses that sign electronic contracts without a large legal team.
The two levels under Law 19.799
| Aspect | Simple Electronic Signature (FES) | Advanced Electronic Signature (FEA) |
|---|---|---|
| Identity | Basic verification (OTP via SMS/email) | Certificate issued by accredited PSC |
| Legal equivalence | Equivalent to a simple handwritten signature | Equivalent to a notarized handwritten signature |
| Cost | Low | Higher (annual certificate) |
| Typical cases | NDAs, internal commercial contracts, HR | Notarial, public deeds, special mandates |
| International recognition | Limited | Broader |
When FES is enough
For most everyday commercial contracts between Chilean companies:
- Non-disclosure agreements (NDAs).
- Service contracts between companies.
- Internal HR documents (contract addenda, statements).
- Quote acceptances.
- Non-notarial rental agreements.
If the parties know each other, there is a prior relationship or the economic value is bounded, FES with OTP via SMS/email plus IP, timestamp and hash chain is sufficient and very hard to challenge.
When you need FEA
- Documents filed before a notary or public registry.
- Special mandates (broad powers of attorney).
- Documents for courts in some cases.
- Real estate transactions (the deed remains notarial, but addenda may be FEA).
- Operations where the counterparty explicitly requires FEA.
An accredited PSC (Certification Services Provider) issues the FEA certificate. In Chile the recognized operators are accredited by the Undersecretariat of Economy: e-Sign, Firmaki, e-Cert, etc.
Common mistakes
1. Using a “signed” PDF without traceability
Pasting a .png of the signature into a PDF and emailing it is not an electronic signature under Law 19.799. There is no identity OTP, no integrity hash, no trusted timestamp. Challengeable.
2. Using FEA when FES was enough
If your volume is high and every document requires a PSC-issued FEA certificate, the cost explodes. For everyday commercial contracts, a well-implemented FES is compliant.
3. Trusting foreign platforms without local validation
DocuSign, HelloSign and Dropbox Sign comply with ESIGN and eIDAS, but local equivalence under Chile’s Law 19.799 is not automatic. If challenged, equivalence has to be demonstrated.
4. Not preserving identity evidence
FES relies on proving the signer was who they claimed to be. Keep: issued OTP, verified phone number or email, IP, user agent, approximate geolocation and document hash at signing time.
How to implement it in a small business
Option A: Specialized Chilean platform
Sign DataNubi covers from FES with OTP to FEA with accredited PSC on a single platform. Stack:
- 5 signature levels with automatic orchestrator.
- Hash chain audit trail (each signature cryptographically chained to the previous).
- Dual PSCs (Firmaki + E-Sign) for FEA with failover.
- Internal step-ca PKI for FES and certification of internal processes.
- In-person kiosk mode for tablet signing.
Option B: Global platform
DocuSign / Dropbox Sign / PandaDoc. They work, but local equivalence requires case-by-case demonstration if challenged.
Option C: Manual with Chilean digital notary
Suitable only for very low volume.
Typical use case
A Chilean consultancy signs 20-40 contracts a month with clients. Recommended stack:
- FES with OTP: 95% of everyday commercial contracts.
- FEA only when the counterparty asks or the operation warrants it.
- Evidence kept for 6+ years: hash chain plus timestamps.
- Templates with standardized clauses: editable per contract.
Cost: significantly lower than keeping every signature on FEA.
Frequently asked questions
Does FES have the same validity as a handwritten signature?
Yes, under Law 19.799 articles 3 and 4: a simple electronic signature has the same legal value as a handwritten signature except where the law requires a signature before a notary or a public deed.
Can I use a finger signature on a touchscreen as FES?
It is an additional layer, but on its own it does not constitute robust FES. Robust FES combines verified identity (OTP), integrity (hash) and traceability (timestamp + IP + user agent).
Is there international validity?
Chile plus countries that recognize an eIDAS adapter (European Union), CONHANNA and other treaties. For international use, FEA is safer.
What happens if someone challenges the signature?
The burden of proof falls on the challenger when the system delivers hash chain + OTP + technical evidence. Without that evidence, the signature is easily challenged.
Conclusion
For 95% of everyday commercial signatures in Chile, a well-implemented FES (with OTP + hash + timestamp + IP) is enough and very hard to challenge. FEA with an accredited PSC is reserved for cases where the law or the counterparty requires it.
Need to implement electronic signature in your company? Sign DataNubi is built for Chilean SMBs. Let’s talk.
Sources