Argentina Electronic Signature Compliance Explanation

Are electronic signatures legal in Argentina? What laws primarily regulate electronic signatures?

Electronic signatures are legal in Argentina, and they are primarily regulated by the Digital Signature Law No. 25,506 of 2016, amended by Law No. 27,446 of 2016, and the Argentine Civil and Commercial Code.

What is an electronic signature in Argentina?

Argentine law does not specify any special requirements for electronic signatures. An electronic signature is electronic data that is linked or logically associated with an electronic document and is used to identify the signatory. Electronic signatures do not meet the criteria for digital signatures, and the signatory is responsible for proving the authenticity of the electronic signature.

An digital signature in Argentina is a mathematical process that involves information known only to the signatory, can be verified by a third party, provides proof of the signatory’s identity, and detects any changes made to the electronic data after the signature is applied.

What types of electronic signatures are recognized in Argentina? What are the requirements for each?

Argentina recognizes two types of electronic signatures: electronic signatures and digital signatures.

1. Electronic signatures

   Refer to electronic data that is linked or logically associated with an electronic document and is used to identify the signatory.

   The Argentine Civil and Commercial Code stipulates that, unless otherwise provided by law, the parties may enter into a contract in any convenient form. Therefore, if an electronic signature is challenged, the holder of the electronic signature must provide evidence to prove that the signature is genuine.

   Default eSginGlobal electronic signatures can meet Argentina’s requirements for electronic signatures

2. Digital signatures

   To be valid, digital signatures must meet the following requirements:

   • Must be able to verify the identity of the signatory, including verification by a third party;
   • Must allow detection of whether the document has been altered after signing;
   • Must rely on a digital certificate issued by an entity certified by the Argentine government;
   • The signing certificate must:
     • Indicate the authorized verifier who issued the certificate, the validity period of the certificate, and unique identification data;
     • Support the certificate revocation process;
     • Distinguish between verified and unverified information in the certificate;
     • Determine the certification strategy used when issuing the certificate.

   Signatures provided by eSginGlobal after integrating local trusted service providers can meet Argentina’s requirements for digital signatures

In what situations is the use of electronic signatures restricted in Argentina?

Private documents in Argentina can be electronically signed using digital signatures or electronic signatures. However, documents such as public instruments or documents related to government agencies can only be signed using digital signatures.

In what situations is a traditional signature required in Argentina?

Traditional signatures are required in the following scenarios:

• Documents related to personal death (including wills and inheritance matters)
• Documents related to family law matters
• Documents related to personal inherent rights or obligations (Dereechos personalisimos)
• Real estate purchase agreements (including amendments)
• Any other agreements involving real estate litigation credit
• Any other agreements attached to public contracts
• Any other agreements that should be executed through public contracts according to specific laws
• Documents requiring notarization