Electronic signature in Paraguay

Electronic signature in paraguay

Updated December 2023

with Viafirmaa

All electronic signatures 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 using identity factors or data, which includes a digital certificate to guarantee its security and integrity.

Electronic signature legal framework in Paraguay

Electronic signature in Paraguay, as well as the digital signature, is regulated by Law No. 4,017/10 and its amendment Law No. 4,610/12, as well as by Decree No. 7,369/11 that regulates such law. In addition, Paraguay has ratified the United Nations Convention on the Use of Electronic Communications in International Contracts(Law No. 6.055/18).

Law N° 4.017/10

The Law N° 4.017/10 recognizes the legal validity of the electronic signature, the digital signature, the data messages, the electronic file and regulates the use of the same, the certifying companies, their authorization and the provision of certification services.

This law differentiates between electronic signature and digital signature, being:

    • Electronic signature. The set of electronic data integrated, linked or logically associated to other electronic data, used by the signatory as a means of identification.

    • Digital signature. An electronic signature certified by an accredited provider, which has been created using means that the holder keeps under his exclusive control. In addition, it creates the National Registry of Digital Signatures (RNFD) and the National Registry of Digital Certificates (RNCD) to ensure the security and reliability of digital signatures.

How to obtain a digital certificate in Paraguay

To make use of the digital signature in Paraguay it is necessary to have a digital certificate issued by a Digital Signature Certification Services Provider Entity, legally authorized to do so.

The digital certificates can be issued in favor of an individual, a legal entity or an individual with labor data. Depending on the case will be the necessary documentation that must be presented, always including the valid Identity Card.

Depending on the type of storage, the issuance of the Digital Certificate can be:

    • Digital Signature Certificate in Software (Storage in Windows).
    •  
    • Digital Signature Certificate in Hardware (Storage in token or cryptographic device).

To request your digital certificate you can access the website of one of the Certification Service Providers authorized by the Authority of Application. Here you can find the updated list of authorized Certification Service Providers.

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Law No. 4610/12

Law No. 4,610/12 amends and extends Law No. 4,017/10 regarding the requirements to obtain and renew digital certificates issued by authorized certification companies. This law establishes that digital certificates must contain at least one identifying element of the holder, such as his/her full name or personal identification number. It also provides that digital certificates must be renewed every five years or when there are significant changes in the holder’s data.

Decree Nº 7.369/11

Decree N° 7.369/11 approves the general regulations of Law No. 4,017/10 and establishes the technical standards and procedures for the issuance, use and revocation of digital certificates.

This decree defines the basic concepts related to digital signatures, such as digital signature, digitally signed electronic message (MEFD), digitally signed electronic document (DEFD), among others. It also determines the obligations and responsibilities of the holders, issuers and users of digital signatures.

Law Nº 6.055/18

Law N° 6.055/18 approves the United Nations Convention on the Use of Electronic Communications in International Contracts (UNCEDC) and establishes that Paraguay is committed to apply it in its international commercial relations.

This law recognizes that electronic communications have the same legal value as a written document on paper when they comply with certain requirements established in the UNCTCED Convention. These requirements include aspects such as the integrity of the electronic message, the consent of the sender or addressee, the appropriate use of the electronic medium chosen by the parties, among others.

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Law 6.822/21

Law 6.822/21 is a reform of law 4.017/10 that introduces changes and updates in the legal framework for electronic and digital signatures in Paraguay. The law came into force on May 1, 2022 and establishes new conditions and requirements for their use, issuance and revocation. It also creates new trust services for electronic transactions, such as the certified electronic delivery service, the certificate service for website authentication, the electronic transmittable document and others.

Viafirma is a registered trademark in Paraguay

Viafirma is a registered and recognized trademark in Paraguay as of November 18, 2022, by the National Directorate of Intellectual Property (DINAPI).

If you are looking for a document signature solution in Paraguay, Viafirma has the solution that fits your needs.

Contact us and we will inform you about our products and electronic signature solutions.

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