Digital Signature and Electronic Signature (Law 25,506)

After several years of parliamentary discussion, on December 14, 2001, the Digital Signature Law (“the Law”) was published in the Argentine Official Gazette, and will enter into force as from the 8 days of its publication.

Digital Signature

The Digital Signature is defined as “the result of applying to a digital document a mathematics proceeding requiring information exclusively known by the signer, and under the signers´ exclusive control”. It will be presumed, unless otherwise proved, that the digitally signed document has not been modified after it has been signed.

Section 3 of the Law states the general principle according to which handwritten and digital signatures shall have similar evidence value, when handwritten signature of a document is required by law.

The Digital Signature could not be used in mortis causa wills and/or testaments, family law documents and strictly personal acts.

In order to be valid, the Digital Signature should comply with certain requirements, as the previous emission of a Digital Certificate by an authorized Certifying Entity .

Digital Certificate

The Digital Certificate should comply with certain legal requirements and shall be valid until the expiration date provided by the Certifying Entity for each certificate.

Foreign Certificates shall be valid as long as they comply with the minimal requirements stated by the Law.

Electronic Signature

The Electronic Signature is the set of data logically associated, integrated or linked with other electronic data, used by the signer as his identification means, not fulfilling the legal requisites to be considered Digital Signature.

That is to say, the Electronic Signature would be the genre and the Digital Signature the species.

Certifying Entities

The Certifying Entities will be the Private Legal Entities and Governmental Entities authorized as such by the Competent Authority. The market shall be opened to free competence among Private Certifying Entities, under the control and surveillance of the Competent Authority.

Competent Authority

The Competent Authority of the Law will be the Comisión Asesora para la Infraestructura de la Firma Digital, to be created within the orbit of the Jefatura de Gabinete de Ministros.

Liability

The Certifying Entity shall be liable:

(i) before the holder of the digital certificate, in accordance with the terms of the agreement entered into by the parties;

(ii) before third parties, it will be liable for the damages arising from the unfulfillment of the regal requirements, and from the mistakes or omissions in the Digital Certificates issued by such Entity;

(iii) the Competent Authority will be empowered to impose penalties ranging between warnings up to the cancellation of the authorization.

Complementary Provisions

The Law also provides that the National Government shall promote the use of the Digital Signature within the Public Administration. Within a five-year term, every law, decree, administrative decisions, resolutions, etc. shall be digitally signed.

Regulation

The Executive Power shall regulate the Law by means of a reglamentary decree within a 180-day term.