New Regulation of the Electronic Signature Law

Resolution No. 42/2019 (the “Resolution”) regulates Decree No. 182/2019, which, among other modifications to the previous framework, redefines the infrastructure of the electronic signature, determines that an electronic signature satisfies the certification requirement established for wet ink signatures and for the conservation of documents, and institutes the figure of trusted third-party service provider (see “New Regulatory Decree for Digital Signature Law”).

In particular, the Resolution states the need to verify the identity of applicants for a digital certificate through a photograph of their face and fingerprints, and establishes technical guidelines and procedures for this verification by applicants and subscribers of digital certificates issued by licensed certifiers within the framework of Electronic Signature Law No. 25,506.

The Resolution: (i) establishes the requirements that the digital photograph must meet, with its corresponding exceptions, (ii) provides that the Registration Officer must verify the applicant’s identity data by comparing it with the biometric data of the National  Identity Register, prior to the issuance of the certificate, and (iii) institutes the procedures for the capture of fingerprints and digital photographs, and their confirmation and verification procedures.

Finally, it provides the conditions for the issuance or revocation of the digital signature certificate and. if the certificate is issued, it requires that the Registration Officer select the corresponding Certifying Authority.

 The Resolution is available here.