Legality of eSignatures in Argentina
Background
In the realm of document authentication, electronic signatures are revolutionizing the status quo, offering streamlined and eco-friendly solutions that are gaining traction in Argentina and the world at large. These electronic alternatives to traditional signing processes are not only reducing reliance on paper but also expediting transaction execution.
It is imperative to understand the key elements involved in adopting digital signatures within Argentina. One must ensure that any chosen electronic signature service complies with the local legal framework, particularly the Digital Signature Law 25.506 (as amended), the National Civil and Commercial Code, and Decree-Law No. 182 of 2019. This compliance is necessary for electronic signatures to be recognized as legally equivalent to handwritten signatures within the country’s jurisdiction. Although electronic signatures are widely accepted, it’s worth noting that certain documents may still require a holographic signature, and legal advice is recommended due to potential variations in regional regulations1.
The security of electronic signature solutions cannot be overstated. Services should incorporate robust security measures, such as data encryption, identity verification, and detailed audit trails, to prevent unauthorized access and affirm the integrity of signed documents. BoldSign is an example of a service that provides these essential security assurances, ensuring adherence to legal and safety standards.
With the increasing acceptance and clear benefits of electronic signatures, businesses in Argentina need to focus on legal compliance, prioritize security, and opt for an intuitive platform. Doing so will seamlessly integrate eSignatures into their business operations, enhancing efficiency and safeguarding transactions.
Overview of the electronic signatures regulatory framework in Argentina
As technology rapidly progresses, there is an increasing demand for contemporary methods to authenticate signatures on documents. This has led to considerable interest in the adoption of electronic signatures. Electronic signatures are considered just as valid as traditional wet-ink signatures; however, their use is subject to specific regulations spelled out in:
- Digital Signature Law 25.506 (as amended)
- National Civil and Commercial Code
- Decree-Law No. 182 of 2019
The regulations categorize eSignatures into:
- Standard electronic signatures
- Digital signatures2
A standard electronic signature (Under Art. 5) is defined as a collection of electronic data that is combined or associated logically with other electronic data and employed by the individual signing to establish their identity.
A digital signature (under Art. 2) is defined as the outcome of utilizing a mathematical process on a digital document based on a digital certificate, which involves data:
- Uniquely linked to the signer
- Capable of identifying the signatories
- Developed using means that the signatory can maintain their control
- Linked to the data it relates to so that any subsequent change to the data is detectable3.
Under Article 2 of the Decree Law No. 182 of 2019, digital signatures based on a digital certificate satisfy the requirement established for holographic signatures4.
Subsequently, under Article 11 of the Digital Signature Law No. 25506, documents signed with digital signatures are considered originals and have, as a consequence, evidentiary value as such, according to the procedures determined by the regulations5 6 .
Validity of digital signatures
Under article 9 of the digital signature law, a digital signature is considered effective if it satisfies the criteria listed below:
- It was generated within the time frame that the digital certificate of the signer is active and recognized as valid.
- It has been properly authenticated using the digital signature validation information provided in the certificate in accordance with the designated authentication process.
- The certificate in question has been granted or acknowledged by an authorized certification authority7.
Recognition of signatures under the Mercosur eSignature agreement
Argentina has signed mutual recognition agreements with several countries, including Uruguay, Brazil, and Paraguay, allowing for the validation of foreign digital signatures.
Under the Mercosur Agreement, for a digital signature certificate issued in a party state to be considered valid, it must:
- Comply with internationally recognized standards, as established by the authority designated by each country in the agreement.
- Include, at least, information that allows to:
- Unequivocally identify the owner and the certification service provider that issued it, indicating its term of validity and the data that permits its unique identification.
- Be verifiable as to its revocation status.
- Detail the verified information included in the digital certificate.
- Contemplate the necessary information for the verification of the signature and identify the certification policy under which it was issued.
- Be issued by a certification service provider accredited under the corresponding local authority of accreditation and control of the public key infrastructures.
Summary analysis
| Types of eSignatures | Unique features | Special consideration for use | Legal validity |
|---|---|---|---|
| Standard electronic signature | N/A | It can only be used in private documents. | Dependent on the evidence tabled by the user. |
| Digital signature |
| It can be used in both private and public documents. | Valid unless proven otherwise. |
Recognition of foreign signatures
Recognizes signatures meeting the federal certification standards based on a valid certificate from the country of origin.
Under Health Law No. 27553, electronic signatures are permitted to give prescriptions through electronic and digital prescription and telecare platform systems8.
Certification service providers
While TSL Argentina provides trust services, the certification service providers currently licensed in Argentina include:
- AC DIGILOGIX SA9
- AC BOX FILES CUSTODY SA
- AC ENCODE SA10
- AC MODERNIZATION PFDR (Secretariat of Innovation, Science and Technology, former Ministry of Modernization)11
- AC ONTI (National Office of Information Technology)
On the same note, Argentina has entered into a mutual recognition agreement with other countries, including Chile, Uruguay, Paraguay, and Brazil.
Electronic document management system under the decree law No. 182/2019(GDE)
In order to ensure the effective use of digital signatures in administrative acts, the government developed the Electronic Document Management System (GDE). The system allows documents with specific modalities to be completed with digital signatures, such as:
- Remote digital signature: Employed to affix digital signatures on several transactions, including administrative acts.
- Digital signatures with an external cryptographic device: This also permits the use of digital signatures in several transactions, including administrative acts.
- Digital signature with a system-issued certificate: This is designed for the signing of certain electronic documents, with the exception of administrative acts such as assessments, reports, formal correspondence, and similar documents12.
These forms of digital signatures are fully recognized as valid under the terms set out in Article 9 of Law No. 25,506 and its subsequent amendments, providing unquestionable verification of the origin and unaltered status of the electronic document.
Scope of limitation as to the use
The use of electronic signatures is not legally recognized for all document types. Some transactions are appropriate for e-signatures, while others are not. Below is a brief analysis and a summary table of these transactions.
Exemptions
While the Digital Signature Law of Argentina does not explicitly outline which types of transactions are excluded from being finalized using an electronic signature, caution should be taken when dealing with the following transactions:
- Contracts that aim to acquire, modify, or extinguish property rights in real estate. Exceptions are cases where the act is carried out by auction, resulting from judicial or administrative enforcement.
- Contracts that have as their object doubtful or contentious rights over real estate.
- Trust documents
- Documents related to family law matters.
- All acts that are accessories to other contracts granted in public deeds.
How does BoldSign help
The following elements available within BoldSign ensure compliance with the Argentinian eSignature laws:
- Secure and unique signing link: A secure and unique link to sign a document is sent directly to the signer’s email address. This ensures that the document is only accessed by the intended signer and cannot be tampered with.
- Password protection: Senders can specify a password that needs to be entered before viewing and signing a document. This adds another layer of security to the signing process.
- Audit trail: The IP address of the signer and timestamps for all significant events in the signing process are recorded in an audit trail. This provides a record of who signed the document, when, and where.
- Digital signature: The final document is digitally signed with an AATL-compliant certificate. This ensures that the document cannot be tampered with without invalidating the signature.
- Consent: Signers are asked to confirm their intent to sign electronically and informed that they could opt out. This ensures that the signer is aware of the implications of signing electronically and has given their consent.
- Custom terms: Get your signers to agree to a custom set of terms. This can be useful to ensure additional security or that the signer understands the terms of the document.
Disclaimer: The information on this page is intended to help businesses understand the legal framework of electronic signatures for this particular country.
However, Syncfusion’s officers, directors, stockholders, affiliates, attorneys, accountants, employees, or agents cannot provide legal advice. You should consult your personal attorney regarding your specific legal questions. Laws and regulations are subject to frequent changes, and the information may not be current or accurate. To the maximum extent permitted by law, Syncfusion provides this material on an “as-is” basis. Syncfusion disclaims and makes no representation or warranty of any kind with respect to this material, express, implied, or statutory, including representations, guarantees, or warranties of merchantability, fitness for a particular purpose, or accuracy.
Syncfusion makes no warranties of any kind, including but not limited to the information or the product, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, Syncfusion disclaims all conditions, representations, and warranties, whether express, implied, or statutory, with respect to this information, without limitation of any implied warranty of merchantability, fitness for a particular purpose, accuracy, or currentness of this information.
Syncfusion nor its officers, directors, stockholders, employees, affiliates, attorneys, accountants, or agents shall be liable for indemnification, nor does this create an express or implied, contractual or statutory, equitable or otherwise, under this agreement. The officers, directors, stockholders, affiliates, attorneys, accountants, or agents will not have any liability in any form.
1 Digital Signature Regulations | Argentina.gob.ar
2 Law 25.506 General Considerations. Digital Certificates. Licensed Certifier. Holder Of A Digital Certificate. Institutional Organization. Enforcement Authority. System Of Audit. Advisory Commission For Digital Signature Infrastructure. Responsibility. Sanctions. Complementary Provisions.- DIGITAL SIGNATURE
3 DIGITAL SIGNATURE
4The Regulation Of Law No. 25,506 On Digital Signatures Is Approved. Article 13 Of Decree No. 1063 Of October 4, 2016 Shall Be Replaced. Decrees Nos. 2628/02, 283/03 And 724/06 And Articles 8, 9 And 10 Of Decree No. 561/2016.
5 digital Signature And Electronic Signature (Law 25,506)
6 Ibid
7 Ibid (N.V)
8 Law 27553 On Electronic Prescription Full text | Argentina.gob.ar
9 Digilogix. (N.D.). Digilogix
10 Encode Ac. (N.D.). Encode Ac.
11 PFDR Remote Digital Signature Platform | Argentina.gob.ar
12 Gobierno De La República Argentina. (2025, September 29). Plataforma De Firma Digital Remota (Pfdr). – Full text | Argentina.gob.ar
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