Learn about the laws that regulate Digital Signature for the Government

Nowadays, there is an increasingly present movement of diverse bodies to reformulate their way of care and operation. Following this direction, the Government undergoes a reinvention that generates significant impacts and necessary consequences. One of these consequences is the adoption of electronic signature, a tool that is changing the need for bureaucracy and the concept of what is essential to sign a document with legal validity. Because it represents an expressive change in the Government's way of acting, doubts and even resistance naturally arise regarding this new possibility of signing. Modifying an already established culture, linked to a traditional sector, is one of the challenges of the information age.

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In order to clarify any doubts on the subject, in this post we will show the legislation governing electronic signatures and their variations. Come with us!

The Electronic Signature and its variations

Not long ago, only digital signatures were accepted at government levels in Brazil. However, during the social distance caused by the COVID-19 pandemic, other types of electronic signatures were seen as a solution to allow communication between citizens and public agencies.

Digital signatures

According to Law No. 14,063, published in September 2020, there are three types of electronic signatures: simple, advanced, and qualified. Their definitions differ from each other, mainly due to the forms of authentication and security, as seen below:

Simple Electronic Signature

• Allows you to identify the signer
• Integrates signer data in electronic format

Advanced Electronic Signature

• You may or may not make use of digital certificates
• Another form of proof of authorship and integrity of the documents may be relied upon, provided that it is agreed between the parties
• It is uniquely associated with the signer
• Creates an electronic signature based on signer data
• In case of any subsequent change, the history will be evident

Qualified Electronic Signature

• Make mandatory use of a digital certificate

This subscription model is backed by digital certificate which documents and attests to its veracity, issued by an authority accredited to the National Institute of Information Technology (ITI). The digital certificate is the form of authentication of the Qualified Electronic Signature. In addition, if there are changes after the effective of the document, the signature is considered broken and loses its legal validity.

“§ 1 The 3 (three) types of signature referred to in items I, II and III of the caput of this article characterize the level of trust regarding the identity and expression of will of its holder, and the qualified electronic signature is the one with the highest level of reliability based on its rules, standards, and specific procedures. ” - Do you believe the law.

Vetoes in MP No. 983

The Provisional Measure that preceded the regulation of Law No. 14,063 allowed Simple Electronic Signatures to be used by public agencies, as can be seen below.

“I - a simple electronic signature may be admitted when interacting with a public entity that does not involve information protected by a degree of secrecy;

II - the advanced electronic signature may be admissed:a) in the cases referred to in item I;

b) in interactions with public entities involving information classified or protected by a degree of secrecy; and

c) in the registration of acts before commercial boards; and

III - the qualified electronic signature will be admitted to any electronic communication with a public entity. ” - According to MP NO. 983.

Law No. 14,063, however, vetoed the use of Simple Electronic Signature by the public authority, but allows the use of the Advanced Electronic Signature in transactions involving proceedings under judicial secrecy, as well as in the registration of acts before Commercial Boards. The Qualified Electronic Signature continues to be admitted to any interaction involving public agencies. It is mandatory in cases of transfer of real estate and regulatory administrative acts signed by authorities, owners, ministers, or constitutionally autonomous bodies.

General Data Protection Law

The laws mentioned above are all permeated by the application of the LGPD - General Data Protection Law, whose foundations include the right and respect for privacy, the inviolability of privacy, economic and technological development, as well as innovation. The LGPD made companies improve their privacy standards, from a technological, administrative and even contractual point of view. It is a milestone that conditions everyone to a more favorable scenario so that solutions such as Electronic Signature can be effective as a disruptive, accessible and secure agent. Here on the blog, we talk more about it in the post: How to prepare my company for the LGPD (General Data Protection Law)? Do the reading! Clicksign works daily to always offer the best features, in compliance with the laws listed in this post. Subscribe to our newsletter to receive first-hand updates from the technological universe, and see you next time!