Electronic signature regulations in Honduras are governed based on the Law on Electronic Signatures and its Regulations, which were approved in 2013 by the National Congress of the Republic of Honduras through Decree No. 149-2103 issued on December 11 of the same year.
These rules establish the regulation of the use and legal effectiveness of electronic signatures, as well as the regime applicable to the Certification Service Providers, which are the entities authorized to issue and validate electronic signatures .
The Law on Electronic Signatures also defines the concepts, requirements, modalities, effects and limitations of electronic signatures, as well as the obligations and responsibilities of users, Certification Service Providers and the competent authorities. It applies to all types of documents, contracts and legal acts carried out by electronic means, as long as the parties have agreed to it and it is given under the agreed conditions.
The Law seeks to guarantee the security, reliability, integrity and authenticity of electronic signatures, as well as to facilitate their use in various legal, administrative and commercial fields.
Concepts defined in the Electronic Signature Law in Honduras
The following concepts are defined in the aforementioned law:
- Electronic signature: The data in electronic form contained in a data message, or attached or logically associated with it, that can be used to identify the signatory in relation to the data message and to indicate the will of that party with respect to the information contained in the data message;
- Advanced electronic signature: It is certified by an accredited provider, which has been created using means that the holder keeps under his exclusive control, so that it is linked only to him and to the data to which it refers, allowing the subsequent detection of any modification, verifying the identity of the holder and preventing him from not knowing the integrity of the document and its authorship.
According to the law, acts and contracts executed or entered into by natural or legal persons, signed by means of electronic signature, shall be valid in the same manner and shall produce the same effects as those executed in writing and on paper. Such acts and contracts shall be deemed to be in writing, in those cases in which the Law requires them to be so recorded, and in all those cases in which the Law provides for legal consequences when they are also recorded in writing.
However, the provisions of the preceding paragraph shall not apply to documents that have to do with:
- Those in which the law requires a solemnity that cannot be fulfilled by means of an electronic document.
- Those related to family law
The electronic signature, whatever its nature, shall be considered as a handwritten signature for all legal purposes.
Viafirma is a registered trademark in Honduras
Viafirma is a registered and recognized trademark in Honduras since July 18, 2022, by the Property Institute of the Government of the Republic of Honduras.
If you are looking for an electronic signature solution for documents in Honduras, Viafirma has the solution that adapts to your needs.
Contact us and we will inform you about our electronic signature products and solutions.