The Legality of eSignatures in Argentina

Documents that can be electronically signed

Private parties who complete contract transactions in Argentina can use electronic or digital signatures. When it comes to the public sector e-signatures are permitted except when otherwise instructed by law or by mutual agreement. Certain laws may require a specific signing formality that is incompatible with the general use of electronic documents or signatures. 

Documents that may not be electronically signed

Even though the transaction types below do not prohibit the use of e-signatures in Argentina, caution should be taken in these cases:

• Procurement
• HR
• Chattel paper and
• Electronic or digital prescriptions

Types of e-signature permitted in Argentina

The Civil and Commercial Code does not have an explicit definition of the general term electronic signature, but the Laws do provide two relevant definitions:

• Electronic signature – is the outcome of applying a mechanism but which lacks the specific enhanced legal requirements set out per the laws. This general definition is very broad and according to case law, it includes an electronic means signature that doesn’t satisfy the explicit legal requirements for the digital signature.
• Digital signature – an enhanced e-signature that applies an additional mathematical algorithm that requires information known only by the signer and is under the sole control of the signer. The mathematical mechanism must allow third parties to verify the signer’s identity and the integrity of the document after it has been signed.

Notable legality changes since 2020

None. 

Publicly Accessible Links to Laws/Regulations Discussed

• Digital Signature Law. 25,506 (2001)

Disclaimer

The content provided on this website is meant for general informational use only and does not constitute legal advice. Legal regulations on this topic can evolve rapidly, so E-Sign does not ensure that the information presented here is always up-to-date or accurate. If you have particular legal concerns regarding any details on this site, it is recommended that you consult with a licensed attorney in your jurisdiction. 

Last Updated 9th October 2024