Decree 2364 of 2012

Are you wondering what is the Decree 2364 of 2012 of Colombia? The COVID-19 crisis has caused digitalization to accelerate in a dizzying way in companies and Administrations, bringing to light the shortcomings of some organizations, due to poor planning and lack of investment in technology that would help them save time, reduce costs and increase the level of security.

In this article we tell you about this Decree and how Viafirma’s electronic signature can help you digitalize your business

What is Decree 2364 of 2012?

It is a regulation that regulates Article 7 of Law 527 of 1999, on electronic signatures and other provisions, complementing the legal framework of authentication mechanisms.

Colombia adopted the electronic commerce and electronic signature law, introducing the concept of data messages, electronic signature, digital signature and created the Digital Certification Entities.

Decree 2364 of 2012 consists of 9 articles and 11 considerations.

Main characteristics

Some characteristics are defined below:

1. The criteria of reliability and appropriateness in the use of authentication mechanisms are defined. The Decree defines the scope of these expressions, highlighting the attributes of authenticity and integrity to satisfy these technical security conditions.

2. The relationship of genus and species between electronic signatures and digital signatures is established, pointing out the differences in their evidentiary treatment, since in the latter mechanism there is an evidentiary inversion.

3. The use of electronic signatures is established by agreement of the parties to a legal relationship, but it is also clearly established that these mechanisms must guarantee the conditions of reliability, and in that order of ideas, whoever provides authentication methods, such as banks or financial institutions, must guarantee the conditions of authenticity and integrity defined as the scope of the concept of reliability.

4. 4. The technological neutrality of the different authentication mechanisms is emphasized, which will make possible the use of any type of technology for these purposes, with full legal consequences, and likewise it is reiterated that the digital signature is a technologically neutral mechanism.

5. Criteria are defined to determine the security of the electronic signature, alluding to the need for technical audits or the intervention of specialized third parties to define the conditions of reliability and appropriateness.

6. Authentication mechanisms must be reliable and secure regardless of who provides them, and these conditions must be tested at any time.

7. When the electronic signature is an agreement of wills, this method of authentication will be applicable between parties, which means that it will not be enforceable against third parties, for example in the circulation of electronic securities, where there is already a defined regime for the use of electronic transferable documents.

Decree 2364 of 2012 and electronic signature

Pursuant to Article 1, paragraph 1 of Decree 2364 of 2012, for the use of electronic signatures an agreement of wills is required, which defines the legal and technical conditions that the parties will comply with to make communications, carry out transactions, create electronic documents or any other activity through the use of electronic data interchange.

Decree 2364 of 2012 includes methods such as codes, passwords, biometric data or private cryptographic keys to identify a person in relation to a data message, provided that the same is reliable and appropriate with respect to the purposes for which the signature is used, taking into account all the circumstances of the case, as well as any relevant agreement.

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Viafirma’s solutions adhering to the Colombian legal framework

Our free solution Viafirma Lite is presented as the easiest way to close agreements quickly with your customers, online and in compliance with the current legislation. It offers a centralized digital platform designed to transform the traditional processes of contracting with clients, speeding up the execution, revision, signature and storage of documents to be signed.

On the other hand, if what you are looking for is to automate more complex traditional signature processes, Viafirma Documents is an enterprise level tool that supports the use of templates, different signature formats (biometric signature, OTP SMS, etc), multiple signers and allows the inclusion of electronic evidences to the document (images, videos, advanced checks, etc) to guarantee a higher degree of robustness to the process.


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