Is an electronic signature legal in Argentina?
The Digital Signature Law is federal, with provinces and the City of Buenos Aires adopting their own implementing rules. Electronically signed documents are valid, and digital signatures have become compulsory for some matters (e.g., federal court filings). The Civil and Commercial Code addresses the validity and effect of electronically signed documents.
What types of electronic signature are recognized in Argentina?
The law distinguishes a general “electronic signature” (any electronic-means signature lacking the enhanced legal requirements; its evidentiary weight varies by method) from a “digital signature” (an enhanced signature under the signer’s sole control, verifiable by third parties for identity and document integrity, using a certificate from an authorized certifier). A digital signature carries a presumption of validity and document trustworthiness, so a challenger bears the burden of proof.
What documents can be signed electronically in Argentina?
Private parties may use either an electronic or a digital signature; in the public sector electronic signatures are permitted unless a law or the parties’ agreement requires a specific formality or a digital signature.
What documents cannot be signed electronically in Argentina?
Use care with HR, procurement, chattel paper, and electronic prescriptions (Law 27,553). If a general electronic signature is challenged, the relying party must provide further evidence of validity; a digital signature avoids this.
What court cases have addressed eSignatures in Argentina?
None reported.
