From eSignatureLegalWiki.org
| Argentina |
| Legislation: |
Law #25506 |
| Status: |
Enacted |
| Year Enacted: |
? |
| Require Smart Cards: |
No |
| Require Time-Stamping: |
No |
| Excluded Documents: |
None |
| Case Law: |
None |
History
In ?, Argentina adopted Law #25506..
Overview
While electronic signatures are recognized by the law, a digital signature is the one that is considered the electronic legal equivalence of a handwritten signature.
Legislation Definitions & Excerpts
Electronic Signature Definitions
While the law defines electronic signatures, it is only the digital signatures are given legal effect.
- Article 2 - Digital Signature. It is understood by digital signature to the result of applying a digital document to a mathematical procedure that requires information on exclusive knowledge of the signatory, it was found under his absolute control. The digital signature should be subject to verification by third parties, such as to allow such verification simultaneously identify the signatory and to detect any alteration of digital document after its signing.
Requirements Pertaining to Electronic Signatures
- Article 9ยบ - A digital signature is valid if it meets the following requirements:
- a) Have been created during the term of the signer's digital certificate valid;
- b) Be adequately verified by a reference to the data verification of digital signatures indicated on the certificate as the procedure for verification;
- c) this certificate has been issued or recognized, under Article 16 of this, by a licensed certifier.
- Article 3 - From the signature requirement. Where the law requires a handwritten signature, that requirement is also satisfied by a digital signature. This principle applies to cases where the law stipulates the obligation to sign or prescribe consequences for their absence.
- Article 8 - Presumption of integrity. If the result of a procedure for verifying a digital signature applied to a digital document is true, it is presumed, unless the contrary, that this digital document has not been changed since the time of its signing.
Excluded Documents
Inheritance and Family Law related documents.
Case Law
References
- [1]: Link to official law (Portuguese).
- [2]: Link to Decree 2628/02 (Portuguese).
- [3]: Link to Decree 724/06 (Portuguese).
