12/24/2001 - Por Cardinal, Juan Pablo M.
Congress approved and then President De la Rua signed into law a bill regarding digital and e-signatures. The E-Signature Act (Law 25.506) was published in the Official Gazette of December 24, 2001. Applicability of the Act is subject to regulation by the Executive Power, which is to be issued within 180 days from enactment. A general overview of the basic principles the new legislation introduces follows.
The CLA Bulletin – International Law Updates
By: Juan Pablo M. Cardinal
NEW E-SIGNATURE LEGISLATION
Congress approved and then President De la Rua signed into law a bill regarding digital and e-signatures. The E-signature Act (Law 25.506) was published in the Official Gazette of December 24, 2001. Applicability of the Act is subject to regulation by the Executive Power, which is to be issues with 180 days from enactment. A general overview of the basic principles the new legislation introduces follows:
General Scope – The statute regulates the validity of digital and e-signatures and documents within Argentina through third party certifies, which are subject to mandatory licensing. The Act generally provides that:
When the law requires a handwritten signature, such requirement is also fulfilled by a digital signature. The principle is applicable when the law requires an obligation to sign or prescribes consequences for the lack of signature.
Certain exclusions are applicable (e.g., public deeds, testaments). The Act explicitly recognizes, save for evidence to the contrary, the following principles: Origin Presumption –every digital signature belongs to the owner of an authenticating Digital Certificate; Integrity Presumption – a verified Digital Certificate applied to a Digital Document verifies the authenticity of the Document and Sender –a Digital Document sent by an automatically time programmed mechanism bearing the senderīs Digital Signature is presumed to have been sent by signatory.
Main Measures – The Act defines a Digital Signature as the application of a mathematical procedure, requiring information that is the exclusive knowledge of and under sole control of the signing party, to a digital document. Third party authentication allows simultaneous identification of the signing party and detection of any alteration in the document after its execution. Signing and authentication procedures shall be determined by the Implementation Authority. (see more on pdf)