Is an electronic signature legal in Ecuador?
A written signature is not required for a valid contract; the E-Signature Law confirms a contract is not unenforceable merely for being electronic, and electronic records are admissible where they comply with the General Regulation (ss. 10, 16, 17).
What types of electronic signature are recognized in Ecuador?
Ecuador recognizes only a qualified electronic signature (QES) — a government-certified digital signature created with a secure signature-creation device. Foreign certificates must be revalidated by a locally accredited certification agency; non-accredited agencies must disclose that status.
What documents can be signed electronically in Ecuador?
Many transactions are eligible but must use a QES — commercial agreements (NDAs, sales, service), consumer agreements, employee confidentiality/invention agreements, insurance policies, public-entity certificates, software licenses, and tax documents.
What documents cannot be signed electronically in Ecuador?
A signature that does not comply with the E-Signature Law’s requirements is invalid, compromising enforceability; verify accreditation of the certificate provider.
What court cases have addressed eSignatures in Ecuador?
Case No. 405-2007, Corte Suprema de Justicia (Tercera Sala Penal)
