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

Electronic signatures are used to sign agreements and contracts between individuals and companies without printing the document. Here are the main Brazilian rules that give them legal basis.

Provisional Measure 2,200-2/2001

Established the Brazilian Public Key Infrastructure (ICP-Brasil) and regulates digital certification in the country. Documents signed with an ICP-Brasil digital certificate are presumed valid, and the measure itself allows other means of proving authorship and integrity, as long as the parties accept them. In other words, the ICP-Brasil certificate is not the only valid way to sign.

Law 14,063/2020

Known as the Electronic Signature Law, it defines three types of electronic signature: simple, advanced and qualified (the latter uses an ICP-Brasil digital certificate). It also covers the use of these signatures in dealings with public bodies. The right type depends on the document and who will receive it.

Law 11,419/2006

Deals with the computerization of judicial proceedings and recognizes the use of electronic documents in electronic proceedings, subject to the authenticity and signature rules set out in it.

Code of Civil Procedure

Article 441 admits electronic documents produced and kept in accordance with the specific legislation.

And at Assin?

Assin records evidence of each signature, a fingerprint (hash) of the document on blockchain and, optionally, the ICP-Brasil certificate. See Do digitally signed documents have legal validity? and What is blockchain at Assin?.

This article is informational and does not replace legal advice. If you have doubts about your document, consult a lawyer.

For more information visit our website https://assin.com.br/

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