Legality and enforceability of electronic signatures in Argentina*

Yes, the use of electronic signatures in Argentina is regulated by the Digital Signature Law (Law 25506) and the Argentine Civil and Commercial Code. Also, Decree 182/2019 details the procedural and technical requirements of the Digital Signature Law.

Argentine laws distinguish two types of electronic signatures: an electronic signature and a digital signature.

An electronic signature is a set of electronic data integrated, linked, or associated in a logical manner with other electronic data used by the signatory as a means of identification, but it does not meet the necessary requirements to be recognized as a digital signature.

In Argentina, the matter of electronic signatures remains almost without any legal regulation. The Argentine Civil and Commercial Code only provides that the parties may sign a contract in any form convenient for them unless otherwise is required by the law.

On the contrary, most of the provisions of the electronic signature laws in Argentina regulate the use of digital signatures. A digital signature is a result of applying a mathematical procedure to a digital document that requires information that is exclusively known to the signer and is under his or her absolute control.

To be valid, a digital signature must comply with the following requirements:

1. It must be capable of verifying the signer’s identity, including by third parties.
2. It must allow one to detect if the document was altered after it was signed.
3. It needs to rely on the digital certificates issued by an entity certified by the Argentine government.
4. A signature certificate must:
   • Indicate the licensed certifier who issued it, the certificate’s validity period, and unique identification data.
   • Support the certificate revocation procedure.
   • Differentiate the certificate’s verified information from unverified.
   • Identify the certification policy under which it was issued.

Argentine laws contain a presumption of digital signature validity: when the law requires a handwritten signature, this requirement is satisfied by using a digital signature. Digital signatures are deemed to ensure the authenticity and integrity of the signed document.

The same threshold applies for presenting electronic and digital signatures in court proceedings. If a person wants to provide a simple electronic signature as evidence in the case, that person needs to provide evidence of the signature’s validity. On the other hand, the law states that unless proven otherwise, it is presumed that:

• A digital signature belongs to the holder of the digital certificate.
• Subject to a successful signature verification procedure, a document signed with a digital signature has not been modified since its signing.

Therefore, if a digital signature is challenged, the challenging party must show evidence supporting their arguments.

There are some situations when the special rules for the use of electronic signatures apply. For example, according to the law, public sector entities in Argentina shall establish their internal rules for the use of electronic signatures within their area of competence. However, government agencies typically do not accept simple electronic signatures. Some agencies may use and accept digital signatures (e.g., certain permits and tax filings). It is always advisable, before starting to cooperate with the state authority, to clarify what internal rules for the use of electronic signatures they have.

In some situations, the law provides that a document must be executed by public deed, therefore, an electronic signature cannot be used. These situations include:

• Contracts involving the acquisition, alteration, or termination of rights in real estate, except when this results from an auction conducted per the court order or an administrative decision.
• Contracts concerning disputed or contested rights over real estate.
• Any supplemental acts to the contracts executed by public deed.
• Other contracts that, by mutual agreement of the parties or as required by law, must be executed by public deed.

Also, there is a narrow list of use cases that require the use of a traditional signature. They include, without limitation:

• Contracts and documents related to family law matters, e.g., marriage contracts.
• Documents related to a person's death, e.g., wills and inheritance documents.

Last updated: September 2024