What is an electronic signature? Types, evidence, and LATAM rules

An electronic signature is electronic data or an action used to identify a signer and show their intent to accept a document. It can be a typed name, a drawn signature, a click to accept, or a certificate-based cryptographic signature.

Whether it is legally sufficient depends on the governing law, the type of document, the parties, and the evidence preserved with it. A platform can support that evidence; it cannot make every document valid in every country.

How electronic signing works

A typical contract-signing flow is:

• The sender uploads a PDF and identifies the signers.
• Each signer receives a unique link.
• The signer reviews the document and types or draws a signature.
• The service records the completed document and supporting activity.

The visual mark is only part of the evidence. Consent, identity checks, delivery records, timestamps, document hashes, IP information, and an audit trail can help connect a person to the signed document.

Electronic signature vs digital signature

“Electronic signature” is usually the broad category. “Digital signature” commonly means a cryptographic signature created with a private key and verified with a certificate.

The legal labels are not universal. For example, one country may distinguish electronic, advanced electronic, and digital signatures; another may assign those terms different requirements or presumptions. A certificate-based signature may provide stronger technical proof, but that does not make every other electronic method invalid.

Is an electronic signature legal in Latin America?

Many Latin American countries recognize electronic records and signatures, but their rules are country-specific. The safest question is not “Are e-signatures legal in LATAM?” It is:

• What law governs this transaction?
• Does this document require a special form, witness, notary, or certified method?
• How will identity, intent, integrity, and access to the final record be proved?

Our researched country guides explain the main rules and exceptions:

• Mexico: e-signatures, e.firma, and NOM-151
• Colombia: Ley 527 and electronic-signature evidence
• Argentina: electronic and digital signatures

What about Mexico’s e.firma?

Mexico’s e.firma is an advanced electronic-signature credential issued by the SAT. It is widely used for tax and government procedures, and the SAT also describes private-sector uses. It is not the generic name for every electronic signature, and it is not automatically required for every private contract.

For a specific Mexican transaction, check the applicable formalities and the reliability requirements in the Código de Comercio and other relevant rules.

What evidence should you preserve?

For an ordinary agreement, useful records can include:

• the exact version presented and the final signed PDF;
• each signer’s consent and authentication steps;
• delivery, viewing, and completion timestamps;
• IP address and device or browser information;
• hashes that help detect a later document change; and
• a readable audit trail.

These records can strengthen attribution and integrity. They do not replace a notary, witness, accredited certificate, or other formality when the law or transaction requires one.

How SignQuick supports the record

SignQuick lets a sender upload a PDF, invite signers, place fields, and collect typed or drawn signatures in the browser. It records document hashes, timestamps, IP and browser information, consent, and signing activity in an audit trail. When an RFC 3161 timestamp request is made, the audit record reports its result.

That evidence is designed to support ordinary electronic agreements. It is not a country-specific legal opinion or a substitute for a required government credential, accredited digital certificate, notarization, or professional advice.

This article is general information, not legal advice.