E-signatures in Argentina:
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your business

A comprehensive overview of e-signature legality in Argentina

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E-signatures explained

Electronic signatures are digital versions of your signature that indicate your agreement to the contents of an online contract. They provide a hassle-free way to sign documents remotely, eliminating the need for physical paperwork and enabling faster and more streamlined transactions.

They are legally binding for a variety of purposes and can either be typed, drawn on the screen of an electronic device, or uploaded from your desktop. This modern alternative to wet signatures has been adopted across the world because it empowers individuals and businesses to sign documents online in a legal, secure, and efficient way.

Fueling Argentina's digital transformation with e-signatures

Argentina's shift toward digital transformation has made e-signatures an essential tool for modernizing business operations. Supported by initiatives like the Agenda Digital Argentina, which promotes the adoption of technology to enhance productivity and efficiency, e-signatures enable businesses to streamline their operations, reduce paperwork, and accelerate decision-making.

E-signatures allow seamless transactions across the country's expansive geography, saving time and operational costs while ensuring security and authenticity. By providing tamper-proof and legally binding agreements, e-signatures build trust, empower businesses to collaborate effortlessly, and open up opportunities for growth in both domestic and international markets.

With Zoho Sign, Argentina is ready to embrace a new era of increased efficiency and economic growth. This digital signature solution empowers businesses by offering:

  • Accelerated signing workflows
  • Boosted productivity
  • Reliable signer authentication
  • Advanced security measures
  • Remote accessibility
  • Streamlined user experience
  • Cost-effective solutions

E-signatures: The key to modernizing business processes

E-signatures have gained widespread acceptance in Argentina, becoming an essential tool across various industries. By providing secure, efficient, and legally recognized solutions, they effectively meet the evolving demands of modern business practices.

E-signature laws and recognition in Argentina

Argentina has established a clear legal framework for the use of electronic and digital signatures, ensuring businesses can adopt secure and legally recognized digital processes. Here are the key legislation and types of electronic signatures recognized in the country:

Relevant legislation

  • Law 25.506 - Digital signature law
  • Decree 182/2019 - Regulation of 25.506

Types of electronic signatures recognized:

  • Electronic Signature
  • Digital Signature

Legal validity of Electronic Signatures

When the law mandates the use of a handwritten signature, it can be substituted with a Digital Signature in an electronic document. Additionally, the law recognizes several other forms of electronic signatures, including:

  • Electronic Signatures
  • Electronic Signatures based on Digital Certificates issued by non-certified providers, which hold the same legal validity as a regular Electronic Signature
  • Digital Signatures based on Digital Certificates issued by Licensed Certifiers
  • Digital Signatures based on Digital Certificates issued by foreign certifiers, provided they meet the following conditions:

It's important to note that the law not only mandates the use of signatures but also specifies the legal consequences for the absence of a signature.

Recognition according to the Civil and Commercial Code

Article 288 of the Civil and Commercial Code stipulates that a digital signature fulfills the legal requirements for a signature in electronic transactions. It also ensures the authorship and integrity of the document involved in such transactions.

Characteristics:

Electronic Signature

  • Electronic data that is linked or logically associated with an electronic document, which identifies the signer
  • A signature that does not meet the criteria of a Digital Signature
  • The signer bears the responsibility of proving the authenticity of the signature

Digital Signature

A Digital Signature is a mathematical process that:

  • Involves information known exclusively to the signer
  • Can be verified by third parties, providing proof of the signer's identity and detecting any changes made to the electronic data after the signature was applied

The verification of a Digital Signature involves assessing its validity and requires the following checks:

  • The Digital Signature must have been created within the validity period of the signer's digital certificate.
  • The signature must have been generated using the signature creation data that corresponds with the verification data in the signer's certificate.
  • The authenticity and validity of the certificates involved must be verified.

Criteria for a valid Digital Signature

  • The Digital Signature must be created using a valid Digital Certificate issued by an accredited Licensed Certifier.
  • The signature must undergo proper verification, ensuring it matches the verification data (such as codes or public cryptographic keys, used to verify the digital signature, the integrity of the digital document, and the identity of the signer) within the Digital Certificate, according to the prescribed verification process.

For a Digital Certificate to be considered valid, it must comply with the requirements outlined in Article 14 of Law 25.506.

Presumptions associated with the use of Digital Signatures

Authorship presumption:

A digital signature is presumed to belong to the holder of the associated digital certificate unless proven otherwise.

Integrity presumption:

It is presumed that the electronic data associated with the Digital Signature remains unchanged after the signature was applied, unless evidence to the contrary is presented.

Recognition of foreign certificates

Digital Certificates issued by certifiers outside of Argentina are considered valid and recognized under this law if:

  • The certificates meet the requirements set forth by this law, and there is a reciprocity agreement between Argentina and the certifier's home country.
  • The foreign certificates are recognized by a Licensed Certifier in Argentina, who guarantees their validity. This recognition must be validated by the Licensing Authority.

Timestamp

A Timestamp is a record that indicates the specific date and time assigned to an electronic document or record. Under Resolution 946/2021, timestamps are recognized as part of the Digital Signature service.

Timestamping certificates are issued by Licensed Certifiers who comply with the requirements outlined in this resolution. These timestamped certificates provide full evidentiary value regarding the date and time of a digitally signed document, remaining valid throughout its lifecycle.

Document timestamping

A digital timestamp is a digitally signed notation that is appended to the electronic data, digital signature, or certificate that indicates that certain digital data exists at a certain point in time. This process securely binds the date and time to the document, ensuring its authenticity and integrity. Zoho Sign partners with recognized timestamping authorities, GlobalSign and Seiko, to provide trusted digital timestamps for electronic transactions. These timestamps validate the authenticity of e-signatures and verify that the signed document existed in the given form at the time of signing and remains unaltered. This adds a robust layer of security to the signing process. By making signatures tamper-proof, digital timestamps enhance the reliability of signed documents for both legal and commercial purposes.

Zoho Sign partners with recognized timestamping authorities, GlobalSign and Seiko, to provide trusted digital timestamps for electronic transactions. These timestamps validate the authenticity of e-signatures and verify that the signed document existed in the given form at the time of signing and remains unaltered. This adds a robust layer of security to the signing process. By making signatures tamper-proof, digital timestamps enhance the reliability of signed documents for both legal and commercial purposes.

GlobalSign for businesses in ArgentinaSeiko for businesses in Argentina

Zoho Sign: Streamlining secure, efficient e-signatures for Argentine businesses

Zoho Sign offers compliant electronic signatures through the following key features:

  • Identification and reliability:

    Zoho Sign employs strong authentication techniques, such as OTP authentication, PKI-based digital signatures using digital certificates, and dynamic knowledge-based authentication, to ensure the e-signature identifies the signatory.

  • Control over the data being signed:

    Only the signatory is allowed to review the document before signing and may make changes or reject the document if necessary.

  • Enhanced security:

    Zoho Sign employs robust encryption protocols, such as the military grade AES-256 encryption at rest and the TLS/SSL protocol in transit, to ensure that the data transmission between the signing platform and the data being signed is secure. This prevents documents and data exposure in the case of data breaches.

  • Detectable alterations:

    Zoho Sign ensures any alterations to the electronic signature or the document to which the signature is affixed are detectable through an elaborate audit trail of all activities during the signing process. This audit trail comprises critical information, such as the identity of the signatory, the timestamp of the signature, and changes made to the document.

  • Digital certificates issued by GlobalSign:

    Zoho Sign, through its integration with GlobalSign, a trusted certification authority, provides digital certificates that guarantee the legal validity of electronic signatures. These signatures are fully compliant with regulatory standards and hold up in court, offering businesses secure and legally binding solutions for their digital transactions.

Key takeaway

Argentina's digital transformation requires businesses to adopt modern, efficient processes. E-signatures are crucial for this shift, and Zoho Sign provides an intuitive solution that simplifies document signing and approval, helping businesses adapt to the demands of a fast-paced, digital economy. By adopting Zoho Sign, Argentine businesses can reduce paper usage, accelerate transactions, enhance security, and contribute to a more sustainable environment. Experience the ease and reliability of digital signatures with Zoho Sign and modernize your business today.

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Disclaimer

The information provided in this document is for general informational purposes only and shall not be construed as legal, regulatory, or any other form of professional advice. Zoho Sign disclaims any liability for any error in the information provided herein. We recommend that you consult your legal counsel for any questions that you may have in this regard.