Argentina: Electronic Signatures Legality

A guide to the compliance and legality of eSigning in Argentina

Today, most contracts and agreements that require signatures in Argentina are signed using the traditional wet-ink method. This being said, electronic signatures in Argentina are increasingly being used in the public sector as the law allows.

Below, we’ll take a look at the history of electronic signatures in Argentina, how things are eSigned in the country today, and outline the legality of this important process that’s being increasingly used in countries worldwide. 

The History and Regulation Establishment of Electronic Signatures In Argentina

Electronic signatures in Argentina are not yet a commonality, however, with the practice of eSigning documents worldwide increasing it’s also expected to increase in Argentina.

The Argentine legal system has set up several laws and regulations to help guide the increasing use of electronic signatures in Argentina. 

The Argentine Legal System

Argentine is considered a “civil law country,” which means its legal system is based on a series of codes and laws that are applied in accordance with the parties involved by the court system instead of within a system of jurisprudence. That being said, the central government of Argentina is involved in important decision-making and with essential interpretation and dictation of the law.

Within civil law governments, codes and decrees are often updated or changed to serve the purpose of current needs or changes required.

Law 25,506

Law 25,506 was put in place and amended by Law 27,446 in 2016 to establish regulations for the use of electronic and digital signatures in Argentina. These laws are also further established by Decree 182/2019.

Section 288

Section 288 is within the Argentine Civil and Commercial Code. Within Section 288, digital signatures and digital instruments are recognized as valid.

What Requirements do Electronic Signatures In Argentina Have?

While there are no specific laws that dictate the requirements of electronic signatures in Argentina, there are legal guidelines in place for digital signatures. It is important to note that digital signatures are considered valid when utilized correctly, whereas electronic signatures without a digital signature are not automatically presumed valid and must be proven.

These digital signature guidelines are as follows:

Use Cases for Electronic Signatures In Argentina

For businesses and individuals looking to complete paperwork by using electronic signatures in Argentina, there’s a wide range of document and form types that this can be done with; there are also some document types that cannot legally be electronically signed in Argentina.

It is also important to note that some documents are valid with a standard electronic signature, while others require Advanced Electronic Signatures (AES) or Qualified Electronic Signatures (QES) in order to adhere to the requirements of the Argentine legal system.

• Advanced Electronic Signatures (AES): Uniquely links to and identifies the signatory while remaining under the signatory’s control and offering easy detection of tampering. 
• Qualified Electronic Signatures (QES): A QES signature contains the elements of an AES signature, while also using a secure signature creation device and is certified as “qualified.” 

Standard electronic signatures are sometimes acceptable, but businesses and individuals are responsible for verifying if QES or AES signatures are required at the time of signing for specific documents with electronic signatures in Argentina.

Documents that Can be Signed Electronically In Argentina

(Including, but not limited to the following)

Documents that Are Not Usually Signed Electronically In Argentina

(Including, but not limited to the following)

Can Foxit eSign Be Used for Electronic Signatures In Argentina?

Yes, you can use Foxit eSign’s software to generate electronic signatures in Argentina! 

Our software can easily and intuitively help individuals and businesses in Argentina complete important agreements, contracts, and transactions digitally with legally binding signatures through helpful features, such as:

• Signature certificates upon completion of a signed document
• Detailed auditing
• Tamper-evident signing keys
• Secure 256-bit encryption
• SOC 2 Type 2 compliance
• User access control
• Easy-to-use user interface
• And more!