Admissibility of Handwritten Electronic Signatures in Court

Division II of the Court of Appeals on Civil and Commercial Matters in the City of Moron, in case No. MO-43261-2024, upheld the validity of a handwritten electronic signature included in a judicial document. The decision, issued by Judges Laura Andrea Moro and Gabriel Hernan Quadri, affirmed the ruling of the lower court, which had rejected the nullity raised by the plaintiff.

The core issue was whether a handwritten signature made on a digital device met the legal requirements. Judge Quadri pointed out that although the “Rules for Electronic Submissions” require the party’s handwritten signature (with its scanned copy), in this case, the signature was done directly on an electronic device, creating a natively digital document rather than a scanned image.

In this context, the Court analyzed the concept of handwritten signature under article 288 of the Argentine Civil and Commercial Code, and noted that current technology makes it possible to replicate a traditional handwritten signature on digital devices (such as tablets or screens), with strokes that reproduce the natural muscular movement of the hand. According to the Court, this type of signature qualifies both as a handwritten and an electronic signature under article 5 of Law 25506, as it consists of electronic data linked to other elements that allow for identifying the signer.

On the other hand, the topic of electronic signature methods was also addressed by Division I of the Court of Appeals on Civil and Commercial Matters of the City of Lomas de Zamora, in connection with credit card contracts. In this case, the discussion focused specifically on the difference between “electronic” and “digital” signatures, analyzing biometric signatures as a valid expression of consent.

Biometric signatures fall within the concept of an “electronic” signature, which—by definition—meets the legal parameters. However, unlike other methods, the ruling stated that this type of signature satisfies the requirement of ensuring both authorship and document integrity. This led the court to conclude that biometric signatures are comparable to digital signatures and, therefore, should hold the same legal validity.

This type of signature is based on the capturing of unique biometric parameters of the signer, such as speed, pressure, acceleration, and stroke direction, using specific devices. These data allow the signer’s identity to be confirmed in a technical and precise manner.

Both the Moron ruling and the doctrine and jurisprudence reviewed in Lomas de Zamora highlight the possibility of verifying the signer’s identity and ensuring the integrity of the document, even in the absence of a traditional handwritten signature or a certified digital certificate issued by a competent authority.