Legal

Information related to Legal validity and regulations related to e-signatures and digital certificates

Legal framework for Viafirma’s digital signature solutions

YES. Viafirma solutions comply with EU, United States, Canada and Latin America legal requirements. We know it’s hard to understand all the differences and nuances if you aren’t an expert in law or computer science, and still it requires specialized expertise. But what is easy to understand is that in any of these cases Viafirma […]

Is OTP SMS signature legally binding?

The signing process involving the use of OTP Text message/SMS is the following: The user is directed to a signature page. The user reads the document. The user clicks on ”Verify”. The system calculates a pseudo-random number generator (OTP = One Time Password) based on the content of the document to be signed. The system […]

In case of refusal, what is the process to prove the authorship of a signature?

The process could be summarized in two main phases: Technical phase Procedural phase For the first one, Viafirma guarantees that all the means are available to fulfill the technical requirements that will help to: Capture the data linked to the signature, based on ISO/IEC: 19794-7:2014 requirements; Offer enough mechanisms to protect the aforementioned data from […]

The electronic signature in the EU

eIDAS Regulation The world of eSignatures -including the electronic signature in the EU- are ruled by eIDAS regulation, the world’s strictest regulation on electronic identification and trust services in electronic transactions in the domestic market and repealing Council Directive 1999/93/EC. It lays down the conditions under which Member States must recognize the mechanisms used by […]

Electronic signature in Brazil

The use of the electronic signature in Brazil is based on the ICP regulation 24th of August 2.002-2001. In this case, the digital signature is valid when its certified by ICP, or by any other agreed PKI. It’s legally valid in what we call ” advanced digital signature” and does not consider the ”simple electronic […]

The electronic signature in el Salvador

Ley de Firma Digital 2015 on the regulation of the electronic signature in El Salvador matches the simple electronic signature and certified electronic signature with the handwritten signature, with full legal validity. In this country, the certified electronic signature refers to what was called in Spain in the old law the advanced electronic signature, and […]

The electronic signature in the United States of America

In the English-speaking world, a distinction is made between electronic signatures and digital signatures, whereby both are valid. The digital signature is made with a digital certificate, while the electronic signature is similar to the simple electronic signature of eIDAS: a signature on a document, click on an acceptance clause, drawing the signature with a […]

The electronic signature in Nicaragua

The regulatory framework for the electronic signature in Nicaragua is Ley 729 on Electronic Signatures, differentiating between e-signatures and certified electronic signatures. The latter is considered to have the same validity as a handwritten signature. According to this regulation, the e-signature is defined as: ”Electronic data integrated into a data message or logically linked to […]

The electronic signature in Panama

In this case, the legal framework is defined by two laws and an Executive Decree, Ley 51 del 22 de Julio del 2008, la Ley 82 del 9 de Noviembre de 2012 and Decreto Ejecutivo 684 del 18 de Octubre del 2013. According to these regulations, we are dealing with e-signature and qualified electronic signature. […]

The electronic signature in Uruguay

In 1998, Uruguay became the first country in South America to adopt the digital signature. The law in charge of regulating the Electronic Signature in Uruguay is Law 18600. Again, this regulation is very similar to the Spanish one, although in Spain there is a difference between the electronic signature – i.e simple electronic signature, […]

The electronic signature in Venezuela

The legal framework for the regulation of the electronic signature in Venezuela is the Law 1204, of December 13, 2000. This regulation recognizes the legal validity of the electronic signature that meets the requirements to be specified below. Unlike the legislation of other countries, in this case the lack of compliance with these requirements will […]

eSignatures in other countries

The use of electronic signature mechanisms is legally valid in most of the countries in the world. These mechanisms are nothing more than elements to prove the willingness of the parties to accept the terms or agreements of a contract. It is then a proof of evidence (electronic evidence) and effective in court as the […]