1. Electronic document signed with qualified electronic signature (QES as defined in the eIDAS Regulation) and with a time stamp | |
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2. Electronic document signed with qualified electronic signature (QES as defined in the eIDAS Regulation) without a time stamp | |
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3. Electronic document signed with advanced electronic signature (AdES as defined in the eIDAS Regulation) and with a time stamp | |
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4. Electronic document signed with advanced electronic signature (AdES as defined in the eIDAS Regulation) without a time stamp | |
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5. Electronic document signed with advanced biometric signature | Yes1 |
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6. Electronic document signed with a simple, standard electronic signature (SES) | Yes1 |
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7. Scanned electronic version of the original paper-based document with handwritten signature sent as an attachment in ordinary e-mail without an electronic signature, but with standard e-mail signature panel | |
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8. Legal statement sent as a text of an ordinary e-mail without an electronic signature, but with a standard e-mail signature panel | Yes1 |
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9. Legal statement sent in an SMS | |
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10. Electronic document with a copy-pasted image of a handwritten signature, sent as an attachment of an ordinary e-mail | Yes1 |
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11. Electronic document with the typed name of the signer and sent as an e-mail attachment | Yes1 |
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12. Electronic legal statement sent in a social-media message sending application (e.g. Messenger, Viber, LinkedIn, Facebook message, etc.) | Yes1 |
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13. Electronic legal statement sent in a chat application | Yes1 |
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14. Electronic document created on an electronic platform ensured by the other party requesting the legal statement (without an electronic signature) by another party whom the operator of the platform granted access | Yes1 |
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15. Electronic document signed in DocuSign/Adobe Sign with a simple standard electronic signature (no QES or AdES) | Yes1 |
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16. Electronic document signed with a qualified electronic seal as defined in the eIDAS Regulation | |
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17. Agreements accepted by the other party online, by ticking a checkbox or by clicking on a button ("click on agreements") | Yes1 |
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7.1 Remarks/Comments to use cases (if yes/no answer is not sufficient)
2. An advanced electronic signature, as detailed in the eIDAS Regulation, is similar to an electronic signature under Peruvian law.The advanced electronic signature, has four requirements which are stated under Article 26 of the eIDAS Regulation. These statements are as follows: i) to be uniquely linked to the signatory; ii) enable the signatory to be identified, iii) it must have been created using electronic signature creation data that can be used by the signatory at a high level under its exclusive control; and iv) be linked to the data signed by it in such a way that any subsequent change in the data is detectable.The aforementioned requierements are equivalent to the requirements of an electronic signature under Peruvian law. Furthermore, a qualified electronic signature considered as an advanced electronic signature created by a qualified creation of electronic signature; and which is based on a qualified electronic signature certificate, would be considered a digital signature under Peruvian law.
3. According to Peruvian legislation, the digital signature is valid if it is issued by a certification entity, which is approved by the Official Electronic Signature Infrastructure (IOFE) of Indecopi. This law does not prohibit the use of other digital signature in which case the validity of the agreement will be determined by the parties.
4. According to the Peruvian Civil Code, any electronic signature will be valid if (i) the signatory is a capable agent, (ii) the legal document object is physically and legally possible, (iii) the legal document has a lawful purpose and (iv) the legal document complies with the form indicated in the law under nullity penalty.
5. It does not comply with the signatory's identification, therefore it is not an electronic signature.
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