What are the laws that regulate the use of digital signatures?

With the advancement of technology, the electronic signature has become increasingly common for establishing agreements and contracts between individuals and legal entities. This technology allows the parties of a contract to agree and sign without needing to print the document or do it manually. This brings more speed, security, and reliability to electronically signed documents.

Provisional Measure 2,200-2 is responsible for regulating digital certification in Brazil and for creating the Brazilian Public Key Infrastructure (ICP-Brasil), guaranteeing the validity of digital signatures in contracts. As previously mentioned, this is an important tool for ensuring the security and authenticity of electronic documents in our country.

With a digital certificate validated by ICP-Brasil, it is possible to guarantee the authenticity and legal validity of virtual agreements. This is because the signer confirms their identity and expresses their willingness to sign the document. Just as an ID is used to notarize a signature, this certificate functions as non-transferable and unique documentation.

It is important to mention Law 11,419 of 2006, which establishes the use of electronic documents by the Judiciary and recognizes their legal validity, including the digital signature of contracts. This demonstrates the acceptance of technology in the legal sphere and reinforces its effectiveness in legal terms.

Law 14,063/2020, also known as the Electronic Signature Law and published in September 2020, helped promote the use of this type of signature by ensuring its legal validity. With this law, the possibilities for applying electronic signatures were expanded to public authorities, which now accept different forms of this practice, further reinforcing their security and legality.

To simplify processes and make them more efficient, the Federal Government approved Decree 10,543/2020, which regulates the use of simple, advanced, and qualified electronic signatures by federal public entities. It is now possible to use these signatures to streamline various administrative procedures.

It is important to note that the ICP-Brasil digital certificate is not the only valid means of authentication according to Provisional Measure 2,200-2. Digital signatures made through corporate certificates and electronic signatures are also legally accepted in contract negotiations.

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