The executive branch put into effect the new regulation on Digital Signature
The recent regulation of the digital signature.
The recent regulation of the Digital Signature Law is welcome (the LFD), within the framework of the Plan for the Modernization of the State and the Simplification and Debureaucratization of the Public Administration. This new regulation, renders the previous regulatory decree without effect (2628/200), gathering the experience in the implementation of the digital signature over the almost 18 years counted from the sanction of the LFD in the year 2001 (Law 25.506). To put it in context, in the year of the sanction of the LFD, only the 10% of the Argentine population had internet access, today instead, said access is on the order of 70% according to ECLAC data.
Let us remember that after the sanction of the LFD, the digital signature was incorporated by the CCyCN establishing: “On electronically generated instruments, the requirement for a person's signature is satisfied if a digital signature is used, that undoubtedly ensures the authorship and integrity of the instrument” (art. 288). further, the CCyCN also provided for contracts concluded remotely, including those celebrated through electronic means (art. 1105).
The digital signature means that expression of will that has a digital certificate (the "Digital certificate”) by which it can be verified in an indubitable way: (i) the authorship of the signature; Y (ii) the authenticity or integrity of the digitally signed document. The Digital Certificate is a fundamental part of the computerized process for creating the digital signature and is issued by the Ministry of Modernization or some other agency that was authorized by the LFD Application Authority..
The news of the regulatory Decree
By virtue of the aforementioned new regulations to the LFD, the following additions stand out:
- Remote digital signature. It has the same effects as the digital signature and is that signature that operates without “token” of security (it is usually called token to device usb external and that can assist in the digital signature process), instead using a mobile app (app) which generates a temporary numeric pin for added security. The digital signature can be processed before the Ministry of Modernization, in person, and once it is obtained, files can be digitally signed "pdf” (acronym for portable file document, type of electronic document format).
- Powers. It establishes that when a norm requires the formality of a public deed to grant general or particular powers, to fill out proceedings, file administrative appeals, carry out paperwork, make requests or request registrations, This requirement is considered satisfied by the empowerment made by the interested party in the Remote Procedures platform of the Electronic Document Management system -GDE-, unless otherwise provided by law. The GDE is the computer platform that allows the management of all the procedures of the Public Administration. While electronic powers via TAD (Remote Procedures Platform) they had already been instrumented, The gradual integration of the different departments will be subtracted so that the electronic powers are broad spectrum. This is a very nice addition.
- Signature certification. The digital signature of an electronic document satisfies the signature certification requirement established for the holographic signature. This is a great advance and can be integrated with other instruments such as the Electronic Real Estate Ticket, also recently announced.
- Preservation of documents. The legal requirement to keep documents, records or data, In accordance with current legislation on the matter, it is satisfied with the conservation of the corresponding digital documents signed digitally during the periods established in the specific regulations..
It seems important to me to conclude with the following general comments:
(i) the simplicity and gratuitousness of the process of obtaining the digital signature, that can be done at the Ministry of Modernization. Obtained the digital signature, the user has a certificate that lasts four years, having to renew it upon expiration;
(ii) the digital signature of the documents with the extension “.pdf” It is done by entering a username and personal password on the web platform of the Ministry of Modernization. Additionally, To sign and verify the documents, some files must be installed that are available in the Ministry of Modernization and also configure the Adobe Reader DC, so it is recommended that users have knowledge of said software;
(iii) the digital signature is heading globally as the standard that keeps up with the various technological changes and speed in today's transactions, electronic commerce and relations with the Public Administration, generating cost savings over time, on paper and in storage facilities, to name a few;
(iv) requires attorneys and clients to understand the basics of the underlying technology, namely, cryptography, the digital signature creation process and the relevance of this technology, in order to avoid errors that may result in the ineffectiveness of the intended digital signature and its consequent legal invalidity; Y
(v) the implementation of the digital signature as we said above has almost 18 years but has not reached maturity yet. Said in other words, the technological platforms of the different State departments still have to adapt and converge to achieve interoperability of electronic documents and digital signatures, for example, even with the Bar Associations at the time of the legalizations that are required in the General Inspection of Justice for certain procedures.