do business in the Dominican Republic - Pellerano & Herrera

DOING BUSINESS INTHE DOMINICAN REPUBLICeffects of a hand-written signature, provided it fulfils the following requirements:It is exclusive to the person using it;It is capable of being verified;It is under the exclusive control of the person using it; andIt is linked to the information, digital document or message to which it isassociated in such a way that if these are changed the digital signature is altered.It should be noted that the application regulations of Law 126-02 differs betweensecure digital signature and electronic signature, establishing that although electronicsignatures do not have the same legal force as digital signatures, since theyhave not been issued by authorised certification entities, they do not lack certainlegal value.The law provides several rebuttable presumptions of integrity, origin, receipt,time and place of sending of digital documents and messages.PROVISION OF CERTIFICATION SERVICESa) EntitiesThe application regulations of Law 126-02 provides a system of voluntary accreditationwith the regulatory body for providers of certification services, regulatingCertification Entities, Registry Units and Providers of Electronic SignatureServices.Certification Entities are national or foreign companies, whether public or private,as well as Chambers of Commerce and Production, with their domicile inthe country, authorised by INDOTEL, which are entitled to issue certificates inrelation to digital signatures of individuals, to offer and facilitate registration servicesand chronological records of transmission and receipt of messages, and toperform other functions related to communications based on digital signatures.Providers of Electronic Signature Services are national or foreign companies,whether public or private, that issue digital certificates lacking the legal force ofdigital signatures, notwithstanding other services that they may perform.The request for authorisation to provide services of digital certification is voluntary,and the applicant must fulfil the following requirements:To prove the reliability of their services in accordance with the technicalnorms and procedures approved by INDOTEL;To provide a reliable consultation service of registries of issued certificates;To employ qualified personnel to provide the concerned services;To use reliable systems and products that guarantee the security of theircertification processes;To have a liability insurance; andTo have the necessary technological capacity to perform certification activities.b) CertificatesDigital certificates of Certification Entities must contain at least the followinginformation:122