Argentina and Chile Sign Agreement on Digital Signature Certificates

Through Resolution No. 436/2018 (the “Resolution”) published in the Official Gazette on July 26, 2018, the Ministry of Modernization (the “Ministry”) approved the Agreement on Mutual Recognition of Digital Signature Certificates (the “Agreement”) entered into by Chile and Argentina on November 2, 2017.

The Digital Signature Law No. 25,506 (the “Law”), regulates electronic and digital signatures in Argentina. The Law distinguishes between electronic and digital signatures, granting them different effects. In particular, it establishes certain requirements for digital signatures, and provides that when the law requires a handwritten signature, a digital signature may be used instead.

One of the requirements contained in the Law is that every digital signature must have a digital certificate issued by a licensed certification entity recognized by the national authorities. The Law also regulates the recognition of certificates issued by foreign certification entities. In particular, it provides that foreign digital certificates may be recognized, as long as these fulfill the requirements imposed on Argentine certification entities, and there is a reciprocity agreement between Argentina and the country of origin of the certificate.

The objective of the Agreement is the mutual recognition of the legal effects of digital certificates issued in Argentina or in Chile, to grant digital signatures the same legal and evidentiary effects that handwritten signatures have.

In order to do so, the Agreement establishes the requirements that certificates must meet in order to be recognized. In addition, it contains provisions regarding the accreditation and control of certification entities, and addresses different operational issues in connection with the mutual recognition of certificates.