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 […]

The electronic signature in el Salvador

Ley de Firma Digital 2015, 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 has full legal validity. It includes the concept of digital […]

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 Guatemala

The Guatemalan regulations on electronic signatures are identical to those in Spain prior to the entry into force of the European eIDAS regulations. In this country, the legal framework is determined by Ley 47-2008: Ley para el Reconocimiento de las Comunicaciones y la Firma Electrónica, without any further modifications. According to this law, there’s a […]

The electronic signature in Mexico

Mexico is one of the countries with the highest business volume using electronic signatures and therefore where this is mostly regulated. The legal regulation is Law DOF 11-01-2012. This law gives legal value to electronic transactions, thus providing full legal validity to the advanced electronic signature, defined as: ”Collection of datasets and characters that enable […]

The e-signature in Nicaragua

In this country, the regulatory framework 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 other electronic data, […]

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 Paraguay

In Paraguay, Law No. 4017 on the legal validity of electronic signatures, digital signatures, data messages and electronic files was signed in 2010 and came into force in 2011. The application is wider than the Argentinean one, and it is limited by the fact that only signature certificates are accepted in eToken In 2017, the […]

The electronic signature in Peru

The law on the electronic and digital signature is Law 27269. This law refers to electronic signatures and digital signatures: Electronic signature: Refers to any symbol based on electronic means used or adopted by a given party with the precise intention of linking or authenticating a document so that it meets the features of a […]

The electronic signature in Puerto Rico

The current legislation in Puerto Rico is Ley 359 de 2004, on the Electronic Signature. Unlike most Latin American countries, Puerto Rican laws are more similar to United States than to Spain, and therefore to European laws as it is part of the U.S. Commonwealth. According to this law, the electronic signature is as valid […]

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 regulatory rule of the Decree 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 mean the invalidity of the electronic signature. The […]

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 […]