Q: We are conducting a global review of HR procedures. Could you please notify me whether it is necessary for an employment contract to be signed in person and kept on file. In which countries will it be possible to hold documents just with electronic signatures? We are concerned with Chile, France, Italy, Spain, the UK and USA.
A: All countries you operate in allow electronic signatures. It is, however, important to acquire the consent of the affected individual prior to proceeding with your procedures.
The UK and the US have perhaps the most permissive laws amongst the listed countries. You can readily there proceed with a digital contract and signature.
In Chile, Spain, Italy and France digital signatures are accepted – however, a qualified electronic signature will weigh more as evidence before a court. Hence, if you are going to proceed with electronic signatures, please make appropriate arrangements to set up a system allowing you to acquire qualified signatures. There are several companies which can assist you with this, such as DocuSign.