E-Signature Regulations

Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?

Yes. In the following link you may find the updated list of Certifiers of Digital Signature: https://www.argentina.gob.ar/firmadigital/acraiz/certificadoreslicenciados Therefore, those documents that are certified by entities that have not been dully authorized by the Chief Cabinet Minister (i.e. Docusign) will be considered as electronic signature with the limited effects stated herein.

Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.

The digital signature is issued through a “Digital Certificate” granted by a Licensed Certifier. This allows to grant to third parties the authorship and integrity of the digital document that has the digital signature and it is considered equal as the holographic signature.

Electronic signature is any data or electronic means used by the signatory of a document to identify himself/herself, but it lacks the requirements needed to be consider a digital signature.

What is the legality of e-signatures in your jurisdiction? Are there key exceptions?

Both electronic and digital signature are legal, however each of them have different effect and validity to third parties. There are certain contracts that require them to be granted in a specific manner and with specific formalities. Unless there is a specific manner to act out the will of the signatory (i.e public deed), the general principle is that parties may use the one they deem convenient (Section 284 of the National Civil and Commercial Code).

What is the e-signature law enforceable in your jurisdiction?

In Argentina, electronic signatures and digital transactions are governed on a federal level mainly by the following regulation: Act No 25,506 , Regulatory Decree No 182/2019 and the National Civil and Commercial Code (Section 284, 286 and 288).

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Richards, Cardinal, Tützer, Zabala, Zaefferer



Richards, Cardinal, Tützer, Zabala, Zaefferer
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