Cross-border recognition of electronic signatures: comments under the Peruvian legal framework

Abstract

The growing digitalization of cross-border trade requires legal frameworks capable of recognizing electronic signatures issued outside national jurisdictions. This article examines the standards developed by UNCITRAL and assesses their alignment with the Peruvian regulatory framework, with particular attention to the core principles of digital commerce and the distinction between prescriptive, minimalist, and hybrid approaches. It analyzes the recognition mechanisms adopted in Peru, which rely on PKI-based models, as well as the barriers this structure poses for interoperability and the cross-border use of electronic signatures. The article also includes a comparative review of the regulation of Peru’s main export destinations and examines relevant provisions on electronic signatures found in trade agreements and regional integration initiatives. Overall, the analysis aims to identify opportunities for improvement that would enable Peru to better harness the benefits of digitalization, strengthen trust in digital commerce, and enhance national competitiveness.