By Daiane Alves
Validity of Legal Signatures in Brazil and Around the World
With the increasing digitalization of administrative and legal processes, the validity of electronic signatures has become a topic of great relevance. Digital signatures offer security, agility, and convenience, but it is essential to understand their legal basis both in Brazil and in other countries. In this article, we explore the legal validity of digital signatures in a global context.
Legal Signatures in Brazil
In Brazil, the validity of electronic signatures is provided for by Provisional Measure No. 2,200-2/2001, which established the Brazilian Public Key Infrastructure (ICP-Brasil). This measure establishes that digitally signed documents using certificates issued by accredited authorities have the same legal validity as physically signed documents.
Article 10 of MP 2,200-2/2001: "Electronic documents referred to in this Provisional Measure, whose signatures were made using a digital certificate issued by an accredited Certification Authority, are considered public or private documents."
Additionally, Law No. 14,063/2020 brought important updates on the use of electronic signatures in the public sector, classifying them into three types: simple, advanced, and qualified, with the latter having the highest level of security and legal validity.
Legal Signatures Around the World
The regulation of electronic signatures varies from country to country, but there is a global movement towards their acceptance and validation.
European Union
In the European Union, the eIDAS Regulation (Electronic Identification, Authentication and Trust Services), in effect since 2016, standardizes the use of electronic signatures among Member States. The eIDAS recognizes three types of electronic signatures: simple, advanced, and qualified, with the latter being the only one that has legal equivalence to handwritten signatures.
Article 25 of the eIDAS Regulation: "A qualified electronic signature shall have the equivalent legal effect of a handwritten signature."
United States
In the United States, the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Uniform Electronic Transactions Act (UETA) establish that electronic signatures are legally valid and enforceable, provided that all parties involved in the contract opt to use electronic means.
Section 101(a) of the E-SIGN Act: "A signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form."
Benefits of Digital Signatures
The adoption of digital signatures offers several benefits for businesses and institutions:
- Security: They use encryption to ensure the authenticity and integrity of documents.
- Efficiency: They reduce the time required to sign and process documents.
- Sustainability: They decrease paper usage, contributing to more sustainable practices.
Digital signatures represent a significant advancement in the way documents are managed and authenticated. Their legal validity is supported by specific laws both in Brazil and in other countries, providing security and efficiency for businesses and individuals.
For more information on the validity of digital signatures in Brazil, visit ICP-Brasil and Law No. 14,063/2020.
