Legal

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

Viafirma fully complies with the eIDAS regulation, the world’s strictest regulation in terms of digital identity and trust services The main standard at a European level is Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 (eIDAS)  on electronic identification and trust services in electronic transactions in the domestic market and […]

The electronic signature in Dominican Republic

The development of the digital signature is part of the ambitious project of the República Digital, which “seeks to guarantee access to information and communication technologies for Dominicans, helping to close the digital divide and providing better services to the public.” The Dominican rule that regulates the digital signature is Law 126-02 on Electronic Commerce, […]

The electronic signature in Colombia

The legal framework for digital signatures in Colombia is one of the first legislations specific to each region. The main laws that are relevant for the activity of Viafirma in Colombia are: Decreto 1747 de 2000 By which Law 527 of 1999 is partially regulated, regarding certification entities, certificates and digital signatures. Ley 527 de […]

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 […]

Electronic signature in Brazil

The digital signature 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 signature”. In 2016, companies with […]

The e-signature in Canada

Canadian laws, both federally and in each of its provinces give electronic signatures the same value as the handwritten signatures. On a federal level, the use of digital signatures was officially approved by The Personal Information Protection and Electronic Documents Act (PIPEDA) in 2004. The e-signature is equivalent to a physical signature and both are equally […]

The electronic signature in Chile

Governed by Ley sobre documentos electrónicos, firma electrónica y servicios  de certificación de dicha firma (19.799 de 2002). In article 3, the law recognizes electronic signatures as legal and applicable and in article 5 their admissibility. The law differentiates the electronic signature from the advanced electronic signature. Unlike other countries, in Chile electronic signatures are […]

The electronic signature in Costa Rica

In this case the regulation is Law 8454, on Certificates, Digital Signatures and Electronic Documents. In Costa Rica there is a differentiation between digital signatures and advanced digital signatures; however, in the above-mentioned law, it recognizes the possibility of legally binding the actors involved in electronic transactions, which makes it possible to bring into the […]

The electronic signature in Ecuador

According to Law No. 2002-67 concerning e-signatures,e-commerce, the e-signature in Ecuador has the same legal validity as the handwritten signature, as long as it fulfils the following requirements: To be unique To uniquely identify the signatory’s authorship and identity Its creation and verification method is reliable, secure and unalterable for the purpose to which the […]