Updated September 2024
The electronic signature in Argentina must guarantee the authenticity, confidentiality and integrity of the signed message or document. For this purpose, different authentication methods or factors or identity data are used. The main types are:
- Digital signature: it is a numeric value that is added to a message or document and guarantees its integrity and authenticity by means of asymmetric cryptography and a digital certificate.
- Electronic signature: Any method that allows the identification of a person in relation to a message or document.
- Certified electronic signature: Any method of electronic signature made with identity factors or data, which includes a digital certificate to guarantee its security and integrity.
Legal validity of electronic signatures in Argentina
The regulatory framework governing electronic signatures in Argentina in 2023 is mainly based on Law No. 25,506 on Digital Signature, which was enacted in 2005 and amended by several subsequent regulations. This law recognizes and establishes the conditions for the use of electronic signatures and digital signatures and their legal effectiveness, and creates the Digital Signature Infrastructure of the Argentine Republic (IFDRA).
The IFDRA is a decentralized public entity whose function is to manage the public registry of digital signatures, grant digital certificates to applicants, supervise licensed certifiers and provide technical assistance to users.
In Argentina, digitally signed electronic documents have the same legal validity as those signed by handwriting, so that transactions with public and private entities that include the digital signature of documents can be carried out.
The first regulation on electronic signatures in Argentina is Law 25.506, enacted in 2001, which defines the differences between electronic and digital signatures, guarantees the evidentiary validity of the Digital Signature, and establishes that the Electronic Signature does NOT replace the handwritten signature. It grants the digital signature presumption of authorship and integrity, establishing that, unless proven otherwise, every digital signature belongs to the holder of the digital certificate that allows the verification of such signature.
On the other hand, it defines the electronic signature as a means of identification lacking any of the legal requirements to be considered a digital signature, which in case it is unknown, it is up to the person who invokes it to prove its validity.
This law was amended by Decree No. 182/19, which regulated some aspects of its application.
There are also other laws related to electronic signatures in Argentina:
- Law No. 27,446 on Simplification and Debureaucratization of the National Public Administration, which updates Law 25,506;
- Law No. 6822/21 on Trust Services, Electronic Documents and Electronic Transmissible Documents, which introduces changes in the legal framework for electronic transactions;
- Decree No. 98/2023 which regulates Law 27.553 on Electronic or Digital Prescriptions, in the use of digital signature in the judicial and administrative areas;
- Decree No. 268/20 which regulates the electronic file and the digital file;
- Decree No. 743/2024, which amends Decree No. 182/2019. It allows to process the issuance, renewal or revocation of the digital certificate without the physical presence before a Registration Authority. In addition, it allows the verification of the identity and relevant data of the applicants through biometric authentication factors, either in person or telematically
Viafirma is a registered trademark in Argentin
Viafirma is a registered trademark and recognized in Argentina since May 12, 2023, by the National Institute of Industrial Property (INPI).
If you are looking for an electronic signature solution in Argentina, Viafirma has the solution that fits your needs.
Contact us and we will inform you about our products and electronic signature solutions.