The growth of interaction in virtual spaces implies the digital transformation of all types of operations or procedures. The main difference between the electronic signature and the digital signature is that it is related to the different types of technologies they use and their different levels of security. The use of the digital signature represents a considerable time saving for the parties, as the digital execution of the procedures takes only a few minutes. Remember that at the beginning of this article we referred to Law No. 27.269? This law is the basis for the entire operation and legality of electronic signatures in Peru. Supreme Decree simplifying the implementation of the digital signature and amending Supreme Decree No. 052-2008-PCM. And that`s because these signatures are generated by a digital signature certification service provider that is duly accredited by governments. Now we explain everything you need to know about the categories of electronic signatures in Peru and what the renewal of this regulation consists of. Read! In this sense, the use of the electronic signature as an effective alternative to replacing the written signature has become increasingly necessary.
It offers a number of advantages that are important to know. Let`s go! According to the above-mentioned law and regulation, there are three types of electronic signatures: It can be data in a related electronic format that a signatory uses. It is considered with a low or medium level of security. The digital signature guarantees the authenticity of the signature and the identity of the parties involved. However, this legal framework is based on the so-called UNCITRAL Model Laws, the United Nations Commission on the Development of International Trade in Electronic Commerce and electronic signatures. This digital signature must be certified by a body authorized by the National Institute for the Defense of Competition and the Protection of Intellectual Property, INDECOPI. Indecopi is the public body responsible for managing the official electronic signature infrastructure (IOFE). IoFE includes the records of service providers related to FEC services (e.g. digital certification, timestamp, electronic signature software, etc.).
You must be registered with Indecopi). These providers must be accredited and registered with Indecopi in order to provide their FEC services in a valid manner. To understand what a digital signature is, it is important to know what the difference is between electronic signature and digital signature. Even in the virtual environment, the two terms are usually used synonymously, but their uses are legally and technically different. In Chile, for example, simple electronic signatures are one of the most commonly used tools for signing simple powers of attorney, making affidavits, and even performing online procedures in government agencies, banks, and other private organizations. The Regulation on Digital Signatures and Certificates, approved by Supreme Decree No. 019-2002-JUS, designated INDECOPI as the competent administrative authority for the official digital signature infrastructure. This condition was ratified by the regulation that replaced it, approved by Supreme Decree No. 004-2007-PCM, published on the 14th. January 2007 in the Official Gazette El Peruano, as well as by the regulations in force sanctioned by Supreme Decree No.
052-2008-PCM, published on July 19, 2008. As such, INDECOPI – through the Commission for Technical and Trade Regulations – approved: (1) the Accreditation Guide for Digital Certification Bodies; (2) the guide to the accreditation of data verification/registration bodies; 3) The Accreditation Guide for Value-Added Service Providers. Each guide defines the systematized requirements that must be met by the company or organisation wishing to obtain accreditation as a digital certification body, data registration/verification body or value-added service provider with the INDECOPI Commission for the Standardisation of Non-Tariff Barrier Inspection. The guides were prepared by a team of consultants engaged with funding from the State Modernization and Decentralization Programme of the Presidency of the Council of Ministers. Its main features are as follows: They are adapted to the Law on Digital Signatures and Certificates (No. 27269), the regulations of the same and the international technical standards in this area. Each of the accreditation requirements mentioned in the guides shall contain the appropriate reference to the relevant international laws, regulations and technical standards; They reflect the main comments of the National Register of Identification and Civil Status (RENIEC), which was the only institution to submit comments during the public debate on the projects. The main document – the draft Digital Certification Authority Accreditation Guide – was reviewed by Canadian consulting firm ENTRUST, which helped design the Canadian government`s digital signature infrastructure. It should be noted that the entrust proposals, which are compatible with Peruvian regulations in this area, have been incorporated into the project. Finally, it should be recalled that, according to the Law and the Regulation on Digital Signatures and Certificates, electronic documents (contracts, tenders, offices, letters, etc.) bearing a digital signature based on a digital certificate issued by a body accredited by INDECOPI have the same legal effect as a handwritten document. Below are the accreditation guides for digital certification bodies and related entities. Any reference to the Technical and Trade Regulation Commission shall be construed as a reference to the Commission for Standardization and Control of Non-Tariff Barriers of INDECOPI.
Simple electronic signatures, or FES, are often used to sign or terminate leases, vacation rentals, or seasonal contracts. Also to sign an employment contract or sell a used car, among others. As you will see in this article, this involves the recognition of electronic signatures and the digital certificate as mandatory vehicles to conduct administrative procedures online with government agencies. Since 2020, the almost permanent closure of public offices to avoid congestion, as well as limited access to offices where legal proceedings take place – due to COVID-19 – have affected the personal signature of documents. The CA performs the function of issuing or revoking digital certificates. It also offers other services inherent in the certificate itself or those that ensure the security of the certificate system in particular or e-commerce in general. It is important to understand that all digital signatures are electronic in nature, that is, they are electronic signatures, but not all electronic signatures reach a digital signature level. One of the main advantages of using an electronic signature or digital signature is the authenticity and integrity of the signed documents.
Electronic signatures are recognized by law in Peru and in the Peruvian Civil Code, Law 27269 – Law on Digital Signatures and Certificates and Supreme Decree No. 052-2008-PCM – Regulations of the Law on Digital Signatures and Certificates. While all types of signatures are valid for expressing will, there are certain aspects to consider when deciding what type of signature to use in a particular document. None of these keys lead to the other, which adds an extra layer of security. Because of its origin, a digital signature is now a digital signature: it stipulates that the digital signature generated in the infrastructure of official electronic signatures has the same validity and legal validity as the use of a handwritten signature. The use of digital and electronic signatures is a reliable and globally recognized mechanism for conducting legal proceedings and various procedures without using paper and ink to sign documents. What used to require the physical presence of a person to certify and generate the security and trust of a document is now moving towards virtuality, towards everything electronic and digital. Finally, we can emphasize that the use of digital signatures avoids the transfer of signatories to carry out the signature of any type of document with legal value. After these configurations, you can run the signer from this Web site. To obtain a digital signature in Peru or your simple or advanced electronic signatures, you must use the accredited organizations that provide these services. Select the document you want to sign, which was previously saved in a folder on your computer, select the reason for your signature, and select whether you want to represent your signature invisibly, horizontally, or vertically.
When you`re done, click Sign. Before obtaining a digital signature in Peru, it is important to know what requirements are met to be able to use this type of signature. The electronic signature is usually created with symbols or a series of electronic data to link this data to a person. In this way, it is possible to authenticate a document that interests you.
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