Electronic Signature in Argentina

In the Argentine Republic, though there’s been a ban since the year 2001( Law on Digital Signature Nº 25.506 in 2001, following the UNCITRAL Model Law on Electronic Signatures), it was in 2012 when the use of digital signatures began to be allowed in the private sector, only for signing HR documentation and for public bodies. Until then it was a law without application.

At the end of 2014 its use is extended to ”any application” thanks to Decisión Administrativa 927/2014 and sets a unique certification policy, meaning that the signature can be used in any private activity, time stamping is regulated.

Moreover, the section 1197 of the Argentinian Civil Code specifies that the agreement is legally binding when all parts agree to accept e-signatures as valid and will not question its validity.

In accordance with the law in Argentina, e-signature and digital signature aren’t the same thing. This way, the digital signature is meant to be valid unless proven otherwise. However, in the e-signature the burden of proof is the other way round, that is, in case of not knowing where does the signature come from, is the sender who must prove its validity.

In 2016, the Argentinian Government platform issues ” Trámites a Distancia” (TDA) to stop using paper. This means that everyday more and more government operations are carried out digitally and with signature, replacing the red tape associated with the paper-based system and boosting digital management.

Remote digital signature is controlled by the recent Decreto 892/2017

You can find here all the Argentinian regulations concerning digital signature.

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