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Agencies. (BUGONI, RIVOLTA; 2007), (RIVOLTA; 2008), (RIVOLTA; 2010)
Law N° 25.506 incorporates the concept of digital document, giving it the same status as a
traditional paper-based document, making clear that the electronic document complies with
the requirement that it has to be written, included in the traditional codes. The Law reads:
ARTICLE 6 — Digital document. A digital document is the digital representation of acts or
facts, independently from the support used to fix it, keeping or filing. A digital document also
compiles with the writing requirements.
With respect to the signature, Law No. 25.506 incorporates two concepts: electronic signature
and digital signature. (MASON, 2006: 148). Both types of signatures are valid, in compliance with
the article 1 of the Law. More precisely, there is a wide range of alternatives for an e-signature,
from a simple e-mail, the use of shared public key technologies (PGP), or the use of key words
based on symmetric cryptography, to the use of a public key technology based on digital
certificates issued by a certification entity that is not licensed by a public authority. A digital
signature that uses asymmetric cryptography and public key technology can be considered as
an e-signature, the same as a mere inclusion of the name as part of the text in an e-mail, as long
as the signer has executed or adopted the symbol with the intention of signing. This means a
declaration of the signer’s will with respect to the content of the message. (SCHAPPER, 2004)
The difference between an electronic signature and a digital signature from the legal point of
view is the burden of proof of its validity. In its Article 5, the Law defines an electronic signature
as “the set of electronic data integrated, connected or associated in a logic manner to other
electronic data, used by the signatory as a means of identification that lacks any of the legal
requisites to be considered a digital signature. If the electronic signature is not acknowledged,
the individual invoking it has to prove its validity.”
A digital signature is the signature based on digital certificates issued by a certification authority
licensed by the Authority of Application of the law. The article 2 defines a digital signature
as the “result of applying a mathematical procedure to a digital document that requires
information of exclusive knowledge of the signer, and that has to be under the signer’s absolute
control The digital signature has to enable verification by third parties, under the condition
that such verification-audit allows identification of the signer and detection whether there was
any alteration of the digital document after signed. The signature and verification procedures
to be used to that effect shall be determined by the application authority in line with current
international technological standards.”
The Law gives the digital signature a higher value of evidence compared to the electronic
signature. It assigns two juris tantum presumptions (rebuttable presumption), i.e., they admit
rebutting proof. In effect, the article 7 states that a digitally signed document bears the
presumption of authorship with respect to the individual who owns the digital certificate.
In turn, article 8 establishes the presumption of integrity of the digitally signed electronic
document, i.e., that presumes that such document has not been altered. (BUGONI, RIVOLTA;
2007), (RIVOLTA; 2008), (RIVOLTA; 2010)
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