Electronic Signature Laws & Regulations - Argentina

Overview

Electronic and certificate-based digital signatures are not broadly used in Argentina and the vast majority of documents governed by Argentine law are signed with a “wet” signature. However, the use of digital signatures within the public sector has increased in recent years, with many governmental agencies using them for internal processes and promoting them for filings made by third parties. Additionally, the business community is familiar with electronic and digital signatures governed by foreign laws, thus signing documents electronically is expected to increase in Argentina.

Argentine law distinguishes between electronic and digital signatures which are governed by the following laws and regulations:

  1. Digital Signature Law; Law 25,506, as amended by Law 27,446 on 2016, regulates the use and legal effects of electronic signatures and digital signatures in Argentina. Decree 182/2019 further regulates in detail Law 25,506;
  2. Argentine Civil and Commercial Code; Section 288 of the Argentine Civil and Commercial Code recognizes the validity of digital signatures inserted in digital instruments.

Argentine law does not specify any particular requirements for electronic signatures. However, according to the Digital Signature Law, a digital signature must comply with the following requirements:

  1. the document shall be signed during the period of validity of the signer’s digital certification in order to be duly verified according to the validity process included in its digital certification; and
  2. the digital certificate must be issued by an authorized licensed certifier.  

For digital certification to be valid, it must meet the following requirements:

  1. it shall be issued by an authorized licensed certifier;
  2. it shall meet the international standards set forth by the national authority and, at a minimum, must include data that allows:
    1. the indubitable identification of the holder of the signature and the licensed certifier that issued the certificate, including its validity period and the data that allows its unique differentiation;
    2. consideration of the information necessary to verify the signature.
    3. its revocation to be verified;
    4. the differentiation of information included in the certification that is verified from the information that is not verified; and
    5. the identification of the certification policies.  

 

In terms of enforceability, digital signatures carry a presumption of validity while electronic signatures do not. Accordingly, if an electronic signature is challenged, the holder of the electronic signature must show evidence that the signature is authentic.

Cloud-based or remote digital signatures are expressly accepted in Argentina under Decree 892/2017. In order to ensure the security of a remote digital signature, the licensed certifier must use a system that is technically reliable and that:

  1. protects against the possibility of intrusion and/or unauthorized use;
  2. ensures the availability, reliability, confidentiality and correct operation;
  3. is capable of performing the licensed certifier’s specific duties;
  4. complies with the appropriate safety regulations, in accordance with international standards in the matter, and;
  5. complies with the technical and auditing standards established by the Digital Signature Law.

The government publishes a list of licensed certifiers (Certificadores Licenciados) approved to certify digital signatures in Argentina


Special considerations

There are no specific requirements for the collection and processing of electronic signature data outside Argentina, except in cases when such data includes personal data and the data transfer is made to a country deemed to have an inadequate level of data protection pursuant to Argentinian standards.

If personal data is transferred to those countries, the data exporter and the data importer must execute an international data transfer agreement following the form included in the Disposition 60- E/2016 from the Data Protection Authority. Otherwise, they must request the Data Authority’s prior authorization by submitting a data transfer agreement within 30 days of the execution of the agreement.

Transacting with public sector entities

In Argentina, government agencies do not accept electronic signatures. The use of digital signatures within government agencies is limited and depends on the agency and the type of filing. For example, the Federal Tax Authorities, public universities, and some governmental agencies allow certain filings to be submitted with a digital signature. In order to submit digitally signed documents, the government agency should have previously entered into an agreement with a licensed certifier.

Use cases that require a traditional signature

Private documents in Argentina can be electronically signed with either a digital or an electronic signature. However, documents such as public instruments, or documents related to governmental authorities can only be signed using a digital signature.

Traditional “wet” signatures must be used for the following documents:

  1. documents related to the death of a person (including wills and inheritance matters);
  2. documents related to family law matters;
  3. documents related to the rights or obligations inherent to an individual (derechos personalisimos).

Notwithstanding the fact that the Argentine Civil and Commercial Code allows freedom of choice as to how a particular legal instrument is executed, there are certain exceptions set forth in Section 1017. This Section enumerates that the following documents can only be executed by public deed:

  1. real estate purchase agreements (including their amendments);
  2. any other agreements that involve any real estate litigious credits;
  3. any other agreement ancillary to a public deed; and
  4. any other agreement that should be executed by public deed according to a specific law.

Additionally, documents that need to be notarized are generally signed with a traditional “wet” signature. Although certain jurisdictions within Argentina have implemented regulations that allow notaries public to digitally sign certain documents, this is rarely done.

Note:

Disclaimer: Information on this page is intended to help businesses understand the legal framework of electronic signatures. However, Adobe cannot provide legal advice. You should consult an attorney regarding your specific legal questions. Laws and regulations change frequently, and this information may not be current or accurate. To the maximum extent permitted by law, Adobe provides this material on an "as-is" basis. Adobe disclaims and makes no representation or warranty of any kind with respect to this material, express, implied or statutory, including representations, guarantees or warranties of merchantability, fitness for a particular purpose, or accuracy.

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