Use Cases for eSignatures ?

Use cases where an SES is typically appropriate include:

• Speedy HR document preparation with preapproved templates, easy update of each employee, new employee onboarding processes as well as 360 degree view of employee files.
• End user agreements including sales & service terms, new retail account opening documents, invoices, shipment details, user manual, EULAs, policies
• Formal contracts including service agreements

Use Cases for Qualified Signatures ?

Use cases where an AES is typically appropriate include:

• Purchase, procurement and commercial agreements including invoices, trade and payment terms, certificates, NDAs, sales & distribution agreements, order acknowledgements.
• Real estate lease agreements for residential and commercial purpose
• License agreements for software, end user license agreements EULAs
• Intellectual property licenses including technology licensing, copyright licensing, trademark licensing and franchising agreement

Use Cases that are not appropriate for Electronic Signatures

Use cases that are specifically barred from digital or electronic processes or that include explicit requirements, such as handwritten (e.g. wet ink) signatures or formal notarial process that are not usually compatible with electronic signatures or digital transaction management.

• Handwritten - corporate minutes containing shareholder and/or board resolutions, including but not limited to, resolutions destined to the appointment or removal of officers and directors
• Handwritten - certain labor documents, such as resignation letters from employees, need to be formalized with a registered letter (Section 240 of Law No. 20,744)
• Public deed - agreements related to the acquisition, modification or extinction of real estate rights (Section 1017 CCC)
• Public deed - agreements which subject matter are dubious or controversial rights over real estate (Section 1017 CCC)
• Public deed - all acts that are accessory to agreements written in public deed (Section 1017 CCC)
• Public deed - all other agreements that, by agreement between the parties or by legal obligation, must be granted through public deed (Section 1017 CCC)
• Public deed - leasing agreements (Section 1234 of the CCC)
• Public deed - appointment of legal guardians of minors (Section 106 of the CCC)
• Public deed - marital agreements (Section 448 of the CCC)
• Public deed - donations of real estate, or registered goods and periodic benefits or annuities (Section 1552 of the CCC)
• Public deed - declaration of wills (Section 1618 of the CCC)
• Public deed - mortgages (Section 1618 of the CCC)
• IP Transfers

List of Local Trust Service Providers

“Digital Signature” means a transformation of a message using an asymmetric cryptosystem such that a person having the initial message and the signer’s public key can accurately determine
(a) whether the transformation was created using the private key that corresponds to the signer’s public key;
(b) whether the message has been altered since the transformation was made

[1] An AES is an “advanced electronic signature”, a type of electronic signature that meets the following requirements:
(a) it is uniquely linked to the signatory;
(b) it is capable of identifying the signatory;
(c) it is created using means that are under the signatory’s sole control;
(d) it is linked to other electronic data in such a way that any alteration to the said data can be detected.

[2] A QES is a specific digital signature implementation that has met the particular specifications of a government, including using a secure signature creation device, and been certified as ‘qualified’ by either that government or a party contracted by that government.

External Resources