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Unlocking the Future: Argentina’s Digital Signature Landscape

Introduction
In the ever-evolving landscape of digital technology, Argentina has taken significant strides to establish a robust framework for electronic signatures and digital documents. The recent Resolution 1/2024 issued by the Cabinet Chief’s Office highlights the continued efforts to enhance and regulate the digital ecosystem. Let’s delve into the key aspects of this resolution and its implications for certified digital signature providers.

Evolution of Legislation
The journey begins with Law No. 25.506, which laid the groundwork for electronic signatures, digital signatures, and the legal efficacy of digital documents in Argentina. This legislation paved the way for subsequent decrees, such as Decree No. 182 of March 11, 2019, which provided regulatory measures and assigned responsibilities to the Authority of Application.

Birth of the Regulatory Authority
Decree No. 50 of December 19, 2019, and its amendments, notably through Decree No. 45 of December 14, 2023, marked a significant development by establishing the Secretariat of Innovation, Science, and Technology within the Cabinet Chief’s Office. This secretariat was entrusted with the role of the Regulatory Authority for the digital signature infrastructure, as outlined in Law No. 25.506.

Objectives and Responsibilities
The creation of the Secretariat of Innovation, Science, and Technology, along with the Subsecretariat of Innovation, defined their objectives. These included acting as the Regulatory Authority, influencing the legal validity of digital documents and signatures, and facilitating their integration into the National Public Sector’s information circuits.

Organizational Changes
Administrative changes were implemented through Administrative Decision No. 893 of September 12, 2022, restructuring the operational levels of the Cabinet Chief’s Office. Notably, the National Directorate of Digital Signature and Technological Infrastructure assumed responsibilities related to defining regulatory and technological norms for Digital Signatures.

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Certification Renewal Process
The landscape shifted for certified digital signature providers with the issuance of Resolution No. 946 on September 22, 2021. This resolution introduced novel service provisions associated with digital signatures, prompting licensed certifiers like LAKAUT S.A., BOX CUSTODIA DE ARCHIVOS S.A., and DIGILOGIX S.A. to adapt and update their Certification Policies and Procedure Manuals.

Auditing and License Renewal
According to Article 14 of Decree No. 182/2019, licenses have a duration of five (5) years, subject to renewal after an audit confirming compliance with prevailing regulations and committed technical and procedural conditions. LAKAUT S.A., BOX CUSTODIA DE ARCHIVOS S.A., and DIGILOGIX S.A. were granted licenses through Resolutions No. 40, No. 43, and No. 44, respectively, on May 15, 2015.

Ongoing Audits and Prorogation
As of now, LAKAUT S.A. and DIGILOGIX S.A. are undergoing audits in preparation for the renewal of their licenses. However, BOX CUSTODIA DE ARCHIVOS S.A. is yet to initiate the audit process. To prevent any disruptions to subscribers or other users of digital certificates, Resolution No. 31 of June 28, 2023, extended the validity of their licenses until November 30, 2023. Considering the ongoing audit processes, a further extension until May 31, 2024, has been deemed necessary.

Conclusion
Argentina’s journey in shaping a secure and efficient digital signature landscape is evident in the legislative and regulatory steps taken. The recent resolution underscores the commitment to fostering innovation while ensuring the integrity and legal standing of digital signatures. As we navigate this evolving landscape, it is crucial to stay abreast of these developments, ensuring the seamless integration of digital solutions into our daily lives.

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