Electronic Signatures in Argentina

Argentina's Legislation distinguishes between electronic and digital signatures and is governed by the following laws and regulations:

• Digital Signature Law: Law 25,506, modified by Law 27,446 in 2016, which regulates the use and legality of electronic and digital signatures in Argentina. Decree 182/2019 provides detailed regulations for Law 25,506.
• Argentine Civil and Commercial Code: Article 288 of the Argentine Civil and Commercial Code recognizes the validity of digital signatures in digital instruments.

Argentinian law does not specify any particular requirements for electronic signatures. An electronic signature is achieved not through a certificate but through a process that, as established by Law 25,506, is legally valid as long as the following can be confirmed:

• The identity of the signatory.
• Their willingness to sign the document.
• The integrity of the document once signed.

The use of digital signatures within government agencies is limited and depends on the agency and the type of submission. For instance, federal tax authorities, public universities, and some government agencies allow digital signatures. To send digitally signed documents, the government agency must have previously entered into an agreement with an authorized certifier.

Despite the Argentine Civil and Commercial Code allowing freedom of choice in how a particular legal instrument is executed, there are certain exceptions established in Section 1017. The section lists that the following documents can only be executed through a public deed:

1. Sale agreements for real estate (including modifications).
2. Any other contract involving litigious real estate credits.
3. Any other accessory contract to a public deed.
4. Any other contract that must be formalized by public deed according to a specific law.

Furthermore, documents that need to be notarized are generally signed with a traditional "wet" signature. Although certain jurisdictions within Argentina have implemented regulations allowing notaries to digitally sign certain documents, this is rarely done.

Legal Disclaimer: ZapSign cannot provide legal advice. You should consult with a lawyer regarding your legal matters.