Updated in September 2023 The current regulation on electronic signature in Puerto Rico is Law 359 of 2004. Unlike most Latin American countries, Puerto Rico is more similar to the United States system than to Spain and, therefore, to Europe, due to its status as a Commonwealth of the United States.
5 Key points about electronic signature in Puerto Rico
Law 359 of 2004 only recognizes the electronic signature, which would be equivalent to the advanced electronic signature. The simple electronic signature is not mentioned. However, for the electronic signature to have legal validity, it must meet the following requirements:
- Identify a natural or legal person, referred to as the signatory.
- Be created with data that the signatory maintains under their exclusive control, so that it is uniquely and individually linked to the signatory.
- It should be possible to detect any alteration of the electronic signature made after the time of signing.
- When one of the legal requirements of the signature is to provide security regarding the integrity of the corresponding information, it should be possible to detect any alteration of that information made after the time of signing.
- Correspond to a valid Electronic Signature Certificate issued by a duly accredited Certification Authority.
By meeting these requirements, the electronic signature will have legal validity in Puerto Rico.
Updates on electronic signatures in Puerto Rico
Although Law 359 of 2004 is the primary regulatory framework for electronic signature in Puerto Rico, it is not the only one. In 2021, Administrative Order OAJP-2021-085 was approved, authorizing the use of recognized electronic signatures for notarial matters in Puerto Rico. This expansion allows for more notarial matters to be processed electronically.
Viafirma is a registered trademark in Puerto Rico
If you are looking for a document signature solution in Puerto Rico, we have in Viafirma the solution that fits your needs. Viafirma is a registered trademark and recognized in Puerto Rico since June 15, 2022, by the Government of Puerto Rico. Contact us and we will inform you about our products and electronic signature solutions.