Digital Signature Regime was Modified

Resolution 11/2025 (the "Resolution") repealed Resolution 946/2021, which governed the procedures, requirements, minimum content, and technical guidelines complementary to the digital signature regulatory framework that licensed certifiers must consider to operate. Resolution 11/2025 establishes the new procedure and requirements for digital signature users to obtain digital certificates.

Specifically, the Resolution includes guidelines and requirements for licensed certifiers to identify applicants for the certificates virtually, in the context of the modifications introduced by Decree 743/2024. In this regard, the Resolution approves a new Annex I —which amends article 25 of former Annex I— establishing that the physical presence of the applicant will no longer be an unavoidable requirement—whereas it was previously mandatory—for issuing, renewing, or revoking the corresponding digital certificates.

Annex II of the Resolution outlines the mechanisms for licensed certifiers to revoke digital certificates securely and reliably:

1. using a PIN code provided to the user at the time the certificate was issued, which may be used to request its revocation; and
2. when this is not possible, requiring identity validation through approved biometric mechanisms.

The Resolution also approves a new Annex III that adds and details the technical guidelines and procedures that certifiers must consider for collecting the biometric data necessary for the mandatory and secure identification of applicants, in accordance with the provisions previously established in article 1 of Decree 743/2024. The provision established in said Decree is then incorporated into the single certification policy: the policy that licensed certifiers must issue to regulate the procedure and mechanism for issuing digital certificates. The Resolution also adds standards and recommendations for facial capture and validation, such as face positioning, facial expression, and lighting to ensure correct biometric data collection.

Finally, the Resolution introduces the role of “trust service providers” within the digital signature infrastructure. These providers will preserve digital files, keep custody of expressions of will made in electronic format, operate blockchain networks to preserve electronic documents and manage smart contracts, among other functions.