eSignature Legality Guide

Notable Changes in E-Signature Law Since 2020

While the Civil and Commercial Code does not provide a detailed definition of “electronic signature,” the Laws distinguish between two main types:

An “electronic signature” is created by a process similar to that used for digital signatures (explained below), but does not meet the additional legal requirements set out in the Laws (see Section 5 of the Civil and Commercial Code). This broad definition encompasses any signature made by electronic means that does not fulfill the stricter criteria for a digital signature. According to legal doctrine and case law, different forms of electronic signatures—such as hand-drawn, image-based, or system-generated—carry varying degrees of evidentiary value in the event of a dispute. For instance, system-generated electronic signatures may be given greater evidentiary weight due to enhanced identity verification or anti-fraud features, compared to a simple image or hand-drawn signature.

A “digital signature” is a more advanced form of electronic signature that uses a mathematical algorithm and requires information known only to the signer and under their exclusive control. This process must also enable third parties to verify both the identity of the signer and the integrity of the signed document. Additionally, the digital signature certificate must be issued by an authorized certifying authority (see Section 2 of the Civil and Commercial Code).

Generally, private parties entering into contracts can choose to sign documents using either an electronic or digital signature. In the public sector, electronic signatures are allowed unless a specific law or agreement requires otherwise. Certain legal requirements may mandate a particular form of electronic signature or specifically require the use of a digital signature, making some forms incompatible with general electronic signing practices.

Electronic or digital signatures are generally permitted for the following types of transactions, but caution is advised before using them for these purposes (this list is not exhaustive):

• HR
• Procurement
• Chattel Paper; and
• Electronic or digital prescriptions (Law 27,553)

Choosing the appropriate type of signature depends on the nature of the document, regulatory or evidentiary requirements, and the complexity involved in using a particular signature method. If a general electronic signature is used and its validity is challenged, the party relying on it must provide additional evidence to prove its authenticity. In contrast, digital signatures benefit from a presumption of validity, and documents signed with a digital signature are presumed to be trustworthy and complete. Therefore, if a digital signature is contested, the burden of proof falls on the party challenging its enforceability.