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consideration the own national regulations, establish the basis for the mutual acknowledgement of
digital signatures.
In this sense, there are antecedents as the UNCITRAL Convention on the Use of Electronic
Communications in International Contracts. Since the Model Law on Electronic Commerce was
passed in 1996, the countries have been adopting laws on this issue. Nevertheless, such laws have
a limited scope as they are applied to domestic transactions in each country, there not being any
regulation on the wide range of cross-border transactions that are done on the Internet. To overcome
this situation, UNCITRAL elaborated the Convention on International Electronic Communications
that has been signed by 18 nations among which are China, Russian and Korea, and from this region
Paraguay, Colombia, Honduras and Panama.
Such Convention, adopted by the General Assembly of November 23, 2005, has the goal of promoting
legal certainty and trading predictability when electronic communications are used in international
contracts. It applies to the determination of the location of the parties involved in an electronic
environment; the time and place the electronic communications are sent and received; the use of
automated message systems to generate agreements; and the criteria applied to determine the
functional equivalence between the electronic communications and the paper documents, including
the “original“ paper-based documents, as well as the methods for electronic authentication and
handwritten signature.
The UNCITRAL Convention is supported on the technological neutrality principle, admitting any
authentication method that allows on the one hand to establish the identity of a person and on
the other hand to establish the personal involvement of that person. Also support the agreements
of the parties, backgrounds, proportionality between means and ends, including the post-test. Such
methods been considered as the functional equivalent of the firm applying traditional laws.
MERCOSUR Regulations
In the MERCOSUR environment, with its original integration by four member countries (Argentina, Brazil,
Paraguay and Uruguay), the digital signature issue started to be dealt with in the Work Sub-Team No. 13 on
Electronic Commerce, on which framework the two resolutions on digital signature were passed.
Resolutions on Electronic Commerce
In 2006, the MERCOSUR Work Sub-Team No. 13 on Electronic Commerce passed two Resolutions on
Digital Signature. The first one, Resolution No. 34/06, establishes the Guidelines for mutual agreement
contracts on electronic signatures in the environment of the MERCOSUR. 2 The second Resolution
No. 37/06, considers the legal efficacy of the electronic document, the electronic signature and the
advanced electronic signature in the environment of the MERCOSUR. 3
None of these Resolutions have a practical effect as the first one, although it does not require the
incorporation into the internal law, it does not establish a recognition agreement in itself but it
establishes guidelines to that effect. The second one requires it incorporation into the internal law to
have legal efficacy, for which it only represents a general declaration with no legal effects.
1 See Argentina Law on Digital Signature Nº 25.506; the Dominican Republic Law on E-Comerce, E-Documents
and Digital Signature Nº 126-02; Peruvian Law on Digital Signature Nº 27.269; Brasil Nº 2200-2; Chile on Digital Signature Nº 19.979;
Colombian Law on E-Comerce and Digital Signature Nº 527-1999; Ecuadorlaw on E-Comerce, Digital Signatures and Data messages,
Venezuelan law of Data messages and Digital Signatures;México: Decree that reforms several statements of the Civil Code for the
Federal Distrit and Federal Code, Civil Procedures, Commerce Code and Federal Code of consumer protection (2000); Panamá,Digital
Signature Law (2001); and Uruguay, Law N° 18.600 (2009) on Electronic Documents and Digital Signature.
2 Available at http://www.mercosur.int/msweb/Normas/normas_web/Resoluciones/ES/RES%20034-2006.pdf
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