What is an electronic signature? A 2026 overview

An electronic signature (also called an eSignature or e-sign) is an electronic method that identifies a signer and records their intent to accept a document. It is legally binding across Latin America for commercial B2B contracts, NDAs, freelance agreements and most private contracts between parties.

This is a brief English overview. The comprehensive guide is in Spanish and covers the LATAM legal framework, types of electronic signature, the difference between an e-signature and Mexico's e.firma SAT, and how to verify validity in depth for Spanish-speaking readers.

The short version

There are three categories most LATAM legal frameworks recognize:

• Simple electronic signature — any reliable electronic method that identifies the signer (a click, a typed name, a drawn signature, an OTP). Valid for B2B private contracts when the audit trail supports authorship + integrity.
• Advanced electronic signature — adds technical reliability requirements (reinforced identity, exclusive control, tamper detection). Some countries grant it stronger legal effects.
• Digital signature (PKI) — uses public-key cryptography and a certificate from an accredited certification authority. Carries a presumption of authenticity in most jurisdictions.

For the vast majority of B2B contracts (services, NDAs, MSAs, SOWs, offer letters, license agreements), a simple electronic signature is legally sufficient across Mexico, Colombia, Argentina, Chile, Peru, Brazil, and most of the region. Digital signatures with PKI are only required for specific use cases like government electronic invoicing or some judicial filings.

SignQuick's e-signatures

SignQuick is ESIGN/UETA compliant. Every signature includes:

• RFC 3161 certified timestamp
• SHA-256 hash of the original and signed documents
• Audit trail with IP, geolocation, user agent, ESIGN/UETA consent
• Bilingual audit trail PDF (English + Spanish)

This satisfies the reliability criteria for simple electronic signatures under Mexico's Código de Comercio (NOM-151), Colombia's Decreto 2364 de 2012, Argentina's Ley 25.506, and equivalent frameworks across LATAM.

It is not a substitute for country-specific PKI digital signatures (Mexico's e.firma SAT for tax filings, Colombia's DIAN invoicing, etc.) — for those, you'll need a credential from your country's accredited certification authority.

Related guides

• Is e-signature legal in Mexico? — Código de Comercio, NOM-151, e.firma SAT
• Is e-signature legal in Colombia? — Ley 527, Decreto 2364, ONAC certification
• Is e-signature legal in Argentina? — Ley 25.506, electronic vs digital signature

For the comprehensive Spanish-language guide covering the full LATAM legal framework, e.firma disambiguation, audit-trail requirements, and country-specific details, read the full guide in Spanish.

This article is informational and does not constitute legal advice.