Validity criteria for Electronic Signatures

In the case, −“Banco de la Provincia de Buenos Aires C/ C. R. A. S/ Cobro Ejecutivo”−, the validity of the signature used in the execution of a credit card contract was under dispute during an executory proceeding. Here, the person signing had used a biometric signature, a type of signature system that allows identifying the person signing by capturing certain personal characteristic parameters. Biometric signatures could be considered a form of electronic signature.

The Court analyzed if it was possible for a bank to open an executory proceeding stemming from a contract signed with an electronic signature. In its analysis, the Chamber I of the Civil and Commercial Court of Appeals of Lomas de Zamora quoted Communication "A" 6068, issued by the Argentine Central Bank, which establishes that it is necessary to meet biometric requirements under ISO/IEC 19794-7 for digitalizing handwritten signatures, to protect documents signed in electronic format.

The Court of Appeals also grounded its decision on the Credit Cards Law 25,065, which provides that, if an instrument is generated by electronic means, the signature requirement will be deemed complied with if it uses any method that undoubtedly ensures the manifestation of the parties’ intent and the integrity of the instrument. Accordingly, the Court of Appeals considered that there was sufficient evidence to conclude that the signature requirement had been met in the execution of the credit card agreement through the use of a biometric signature and ordered opening the executory proceeding.