Legaltech y la seguridad jurídica en Ecuador: una revisión a las reglas sobre la firma electrónica en los contratos de telecomunicaciones

Abstract

This paper analyzes whether electronic telecommunications contracts signed with electronic signatures generated using legaltech tools—not accredited by ARCOTEL—are fully valid in terms of their legality. The paper begins by presenting a conceptual framework that includes basic definitions to understand the existing problem. This is followed by a review of the current state of the art, which compiles doctrinal debates from the last five years. Finally, the main 3 section analyzes the problem through a discussion of the relevant issues. Through doctrinal interpretation, important aspects that the CLM (Contract for the Legalization of Telecommunications Contracts) should contain and its nuances were reviewed. Through systematic regulatory analysis, the solution that addresses the technical gap was determined. This gap is that the lack of express regulations has generated legal uncertainty in the interpretation of the evidentiary validity of electronic signatures in telecommunications contracts. The main conclusion was that, as long as the legaltech software, in its electronic signature stage, as part of the CLM, generates a certificate that includes all the formalities required by the standard, it will be equivalent—not the same—in legal value to that of an electronic signature issued by an entity certified by the Ecuadorian regulatory body.