Contracts with electronic signature and their effectiveness in Venezuela

The the internet is a great tool which facilitates interaction and communication between people, as well as in business structures, making it easier for people to enter into contracts through electronic channels.

Ante the situation of COVID-19, the increase the internet has been an element of great importance for the work dynamicsThe company has been able to continue business operations due to the limitations in social interactions, which has been of great advantage to the continuity of commercial operations.  

Electronic contracts are characterized by the fact that they are entered into between the parties through digital channels. and with the use of technological tools, such as electronic signatures, which provide authenticity to the parties involved in the contract. 

These contracts have had a marked presence in globalizationThese contracts are part of electronic commerce, which allows, in a generalized manner, that people can acquire goods or services. They are characterized for being celebrated between the parties, through electronic channels, as well as, the use of technological tools, which comprise a wide catalog highlighting among them the electronic signatures, which are intended to provide authenticity and veracity on the subjects involved in the contract.

Contracts with electronic signature

Electronic signature has the purpose of associating the contract and its terms with the persons involved, that is to say, The authorship of the undersigned can be attributed to them. 

The legal regime that regulates the issue of electronic signatures, is contained in the Decree with Force of Law on Data Messages and Electronic Signatures, enacted in 2001, which develops and establishes the value and effectiveness of this type of signatures. 

The use of electronic signatures gives it the same value The use of autographic signatures, which allows contracts under this type of modality to be totally reliable. 

In order for the electronic signature to be effective and valid, it must have the following characteristics It is important that it is duly certified, allowing to guarantee the data and its authenticity, as well as to prevent it from being falsified and to reasonably ensure its confidentiality.  

The electronic signature certificate must be issued by an Electronic Certificate Provider, which must be accredited by the Superintendency of Electronic Certificate ServicesThe purpose of this agency is to accredit, supervise and control the Certification Service Providers, that is, those companies or entities of a public or private nature, in charge of managing the certification of electronic signatures. 

In order to obtain the electronic signature certificate, the following must be met with certain requirements demanded by the service providers. In Venezuela, there are two entities in charge of issuing the electronic signature certificate, among them the Engineering Institute for Research and Technological Development Foundationwhich is accredited by the aforementioned Superintendency. 

Undoubtedly, electronic signature contracts represent a great advantage The electronic signature certificate has the same effectiveness and legal security as those that have been subscribed by means of autographic signatures. Given the current circumstances, the processing of the electronic signature certificate is considered as an empowering factor to carry out negotiations or commercial operations in a safe way for the parties. Likewise, they allow to carry out contracts without taking as a restrictive element the distance between the intervening parties, being a great advantage for the economic development of the companies. 

At Alan Aldana y Abogados we suggest the implementation of this type of options, which ultimately provide great value and security to companies in their operations. 

We have a specialized team to provide advice on the processing of electronic signature certificates and thus enhance the scope of negotiations leaving aside the distance factor.