Amendments to Argentina’s Digital Signature Law

Decree 743/2024, published on August 19 in the Official Gazette of the Argentine Republic, introduces significant changes to the use of digital signatures to enhance accessibility and efficiency in administrative processes. This decree amends Decree No. 182/2019, which regulates the Digital Signature Law (Law No. 25,506).

¿What is a digital signature?

In Argentina, Law No. 25,506 regulates the use and legal validity of electronic and digital signatures under specific conditions outlined in the law. To achieve this, various authentication methods and identity data are used.

The main types of signatures are:

• Digital signature: A numerical value added to a message or document that ensures its integrity and authenticity through asymmetric cryptography and an advanced digital certificate.
• Electronic signature: Any electronic signature method that uses identity data via a simple digital certificate.

According to the law, a digital signature must guarantee the authenticity, confidentiality, and integrity of the signed message or document. A series of mathematical operations make the digital signature unique and verifiable by the recipient. It serves as a tool for authenticating and securing electronic documents, ensuring their integrity and confirming the signer's identity.

Decree 743/2024: Key Changes to Argentina's Digital Signature System

Decree 743/2024 introduces significant changes to Argentina's digital signature system, aimed at modernizing processes and improving access to digital services. This decree allows identity verification for the issuance, renewal, or revocation of digital certificates to be done both in person and remotely through real-time validation services, eliminating the need for in-person procedures.

Additionally, it permits licensed certifiers to delegate identity verification to registration authorities, streamlining processes and allowing these entities to participate in the issuance of digital certificates. The decree also removes the requirement for applicants or subscribers to be physically present before licensed certifiers or registration authorities to complete these procedures.

Legal Validity of Digital Signatures in Argentina

In Argentina, electronically signed documents using a digital signature hold the same legal validity as those signed by hand. This enables individuals to complete transactions and procedures with both public and private entities using digital signatures.

Law No. 25,506 distinguishes between electronic and digital signatures. While a digital signature carries legal evidentiary weight and confirms that it belongs to the holder of the digital certificate used to verify it, an electronic signature does not replace a handwritten signature, as it lacks certain legal requirements to be considered a digital signature. A digital signature benefits from a presumption of authorship and integrity, ensuring that it originates from the certificate holder and that the document’s content has not been altered.

Additionally, the law established the Digital Signature Infrastructure of the Argentine Republic (IFDRA), an entity responsible for managing the public registry of digital signatures. Its functions include issuing digital certificates to applicants, overseeing licensed certifiers, and providing technical assistance to users.

Benefits of the Digital Signature

The digital signature provides numerous advantages that ensure the security and validity of electronic documents. Key benefits include:

• Authentication: Confirms the identity of the signer, ensuring they are who they claim to be.
• Integrity: Guarantees that the document’s content has not been altered or modified after signing, preserving its original form.
• Non-repudiation: Provides proof of the signature’s authorship and origin, preventing the signer from denying their involvement or responsibility for the document.
• Legal validity: Digitally signed documents have the same legal standing as handwritten ones, making them suitable for use in both public and private transactions.
• Security: Uses asymmetric cryptography to ensure that the signature is secure and protected from unauthorized access or alterations.
• Versatility: The digital signature can be used on any type of document, facilitating fast and efficient processing of procedures.

Digitize Your Processes with EDICOMSignADoc

In Latin America, each country has its own regulations regarding electronic signatures, requiring companies operating across borders to comply with the legal and technical requirements of each jurisdiction. In Argentina, Decree 743/2024 marks a significant step forward in process digitization by enabling the remote management of digital signatures for administrative procedures.

EDICOMSignADoc is a comprehensive solution for securely digitizing your workflows, allowing you to apply electronic signatures using various digital certificates or authentication methods. The solution provides real-time monitoring of workflows and all actions performed on documents (viewing, approval, rejection), and it generates a legally valid evidence report backed by the EDICOM Certification Authority.

With EDICOMSignADoc, companies operating in Argentina can enhance operational efficiency, ensuring the authenticity and integrity of signed documents in full compliance with local regulations. This results in faster processes and optimized management.