Simple vs advanced e-signature in Chile (Law 19.799)

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.

A Chilean consultancy signs 20-40 contracts a month with clients.

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:

1. FES with OTP: 95% of everyday commercial contracts.
2. FEA only when the counterparty asks or the operation warrants it.
3. Evidence kept for 6+ years: hash chain plus timestamps.
4. Templates with standardized clauses: editable per contract.

Cost: significantly lower than keeping every signature on FEA.

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

• Law 19.799, BCN
• Undersecretariat of Economy, PSC Accreditation