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Document And Signature Electronics. Admissibility, Validity And Effectiveness Legal. Recognition.

Original Language Title: Documento Y Firma Electronica. Admisibilidad, Validez Y Eficacia Juridicas. Reconocimiento.

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Legislative Power/ Eastern Republic of Uruguay
Published D.O. 5 nov/009-NAº 27850

NAº 18.600 Act

ELECTRONIC DOCUMENT "ONLY AND
FIRST" NICA

LEGAL VALIDITY AND EFFECTIVENESS ARE RECOGNIZED

The Senate and the CA of Representatives of the Eastern Republic of Uruguay, meeting in General Assembly,

DECREE:


CAPATULO I

GENERAL PROVISIONS

ArtAculoA 1Aº.A (Application Scope).-The eligibility, validity, and effectiveness of the electronic document and the electronic signature are recognized.

The certification services must comply with the provisions of this law, their activity will not be subject to prior authorization and will be carried out in free competition, without this implying replacing or modifying the rules that govern the functions that it is necessary to perform to those who are legally entitled to give public faith.

The provisions of this law do not alter the pre-existing law regarding the celebration, improvement, validity and effectiveness of legal acts and business.

ArtAculoA 2Aº.A (Definitions).-For the purposes of this law, it will be understood by:

A) "Accreditation" :the procedure under which the certificate service provider demonstrates to the Electronic Certification that complies with this law and its respective regulations.

B) "Electronic certificate": electronic document signed electronically that attests to the vAnculo between the signatory or holder of the certificate and the electrical signature creation data.

C) "Recognized certificate": an electronic certificate issued by an accredited certificate service provider.

D) "Signature creation data": the unique data, such as private-specific cryptographic keys or keys, that the signer uses to create the electronic signature.

E) "Signature verification data": data, such as code or cryptographic keys, that are used for verify the electronic signature.

F) "Signature creation device": a computer component that serves to apply the signature creation data.

G) "Signature verification device": a computer component that serves to apply signature verification data.

H) "Electronic document or digital document": digital representation of acts or facts, regardless of the support used for your fix, storage, or file.

I) "Electronic Date": an electronic data set used as a means to determine the time when performed an update on other electronic data to which it is associated.

J) "Electronic Signature": the data in electronic form attached to an electronic document or associated in a logical manner with the itself, used by the signer as a means of identification.

K) "Advanced electronic signature": the electronic signature that meets the following requirements;

1) Require exclusive knowledge of the signer, allowing its identification unAvoca.

2) being created by means that the signer can maintain under its exclusive control;

3) being capable of third-party verification;

4) be linked to an electronic document in such a way that any subsequent alteration in the same is detectable; and

5) having been created using a reliable and reliable technical signature creation device be based on a recognized certificate valid at the time of signature.

L) "Signer or signatory": person who uses an electronic certificate or a recognized certificate to be used under its sole control perform electronic signature or advanced electronic signature operations.

M) "Certificate service provider": physical or legal person, public or private, national or foreign, issuing Electronic certificates or other certification services in relation to the electronic signature.

N) "Accredited Certificate Service Prestor": that certificate service provider accredited to the Electronic Certificate.

A ') "Certificate holder": a person who uses an electronic certificate under his or her sole control.

ArtAculoA 3Aº.A (General principles).-Without the listing having any taxative cter, legal acts and business performed electronically, electronic signatures or advanced electronic signatures and the The following general principles will be added to the following general principles:

A) functional equivalence;

B) technology neutrality;

C) free competition;

D) international compatibility; and

E) good faith.

Such general principles will also serve as an interpretative criterion for resolving issues that may arise in the application of the relevant provisions.

ArtAculoA 4Aº.A (Legal effects of electronic documents).-Electronic documents satisfy the writing requirement and will have the same value and legal effects as written documents, except for legally enshrined exceptions.

He who willfully transmit a text that is an unfaithful document, adulterates or destroys an electronic document, will incur the crimes foreseen by the articles 236 to 245 of the Criminal Code, as applicable.

ArtAculoA 5Aº.A (Legal effects of the electronic signature).-The electronic signature will have legal effect when it is admitted as valid by the parties that use it or has been accepted by the person to whom object to the signed document electronically.

The freedom of the parties to agree on the conditions under which they will accept electronic signatures in accordance with this legislation shall be respected.

If the electronic signature by one of the parties is unknown, it is up to the other party to prove its validity.

ArtAculoA 6Aº.A (Legal effects of advanced electronic signature).-Advanced electronic signature will have valid validity and effectiveness that the autonograph signature entered in public document or in private document with certified signatures, provided that you are properly authenticated by keys or other secure procedures that:

A) ensure that the advanced electronic signature corresponds to the recognized certificate issued by a service provider accredited certificate, which associates it with the signer identification;

B) ensure that the advanced electronic signature corresponds to the respective document and that it was not altered or could be disowned; and

C) ensure that the advanced electronic signature has been created using means that the signatory maintains under its exclusive control and during the validity of the recognized certificate.

The electronic document subscribed with advanced electronic signature will have an identical probative value to the public document or to the private document with certified signatures on paper. The electronic document shall not have faith with respect to its date, unless it is recorded through an electronic date granted by an accredited certification service provider.

ArtAculoA 7Aº.A (Use of the advanced electronic signature in the notarial function).-AutorAzase the use of electronic documents and advanced electronic signature in the notarial function, in accordance with the regulations to establish the Supreme Court of Justice.

ArtAculoA 8Aº.A (Employment of the electronic signature or advanced electronic signature in the State bodies).-The State, the Departmental Governments, the Autónomos Entes, the Decentralized Services and, in general, all State bodies may execute or perform acts, conclude contracts and issue any document, within their jurisdiction, by subscribing to them by electronic signature or advanced electronic signature.

Are the performances for which the ArtAculoA 9Aº.A (Specific use of the electronic signature or advanced electronic signature in the Public Administration).-The Electronic Certificate Unit may determine by regulatory use of the electronic signature or advanced electronic signature within the Public Administration and in the relations that with it maintain the individuals, for the purposes of adopting the additional conditions that are considered necessary, to safeguard the garantae of each procedure.

ArtAculoA 10.A (RA©gimen of use of the electronic signature or advanced electronic signature in the professions of Advocate, Escribano and Procurator).-The Supreme Court of Justice will issue, in exclusive form, the certificates recognized to be used in the exercise of the professions of Advocate, Written and Procurator, if constituted as a provider of certification services accredited under the conditions established by this law.

In case the Supreme Court does not constitute itself as a provider of accredited certification services, it will have full validity and effectiveness in order to be used in the exercise of the professions of Advocate, Staff and Attorney, recognised certificates issued by another accredited certification service provider.

CAPATULO II

NICA ' N ELECTRONIC CERTIFICATE INFRASTRUCTURE

ArtAculoA 11.A (National Electrical Certification Infrastructure).-The national electronic certificate infrastructure is the set of computer equipment and programs, cryptographic devices, Policies, rules and procedures, arranged for the generation, storage and publication of recognized certificates, as well as for the publication of information and consultation of the state of validity and validity of such certificates. certificates.

ArtAculoA 12.A (Electrical Certification Unit).-Crate the Electrical Certification Unit as the unconcentrated agency of the Agency for the Development of the Government of Electricity and the Society of Information and Knowledge (AGESIC), endowed with the broad autonomy of the technical autonomy.

The Electrical Certification Unit will be run by an Executive Council composed of three members: the Executive Director of AGESIC and two members appointed by the Executive Branch among persons who, for their personal history, professionals and knowledge in the field, ensure independence of criteria, efficiency, objectivity and impartiality in the performance of their duties.

These members will last four years in their positions, and may be appointed again. Only by the expiration of his or her term of office and the appointment of his successor, or by his removal from the Executive Branch in the cases of ineptitude, omission or crime, according to the guarantees of due process.

The Presidency of the Electrical Certification Unit will be held on a rotating basis by annual periods between the members of the Executive Council-except the Executive Director of the AGESIC-and will have the representation of the same and the execution of the activities necessary for the fulfillment of their resolutions.

ArtAculoA 13.A (Advisory Board).-The Executive Board of the Electrical Certification Unit will be assisted by an Advisory Council that will be composed of the President of the Certification Unit. The President of the Supreme Court, the President of the Central Bank of Uruguay, the Rector of the University of the Republic, the President of the Regulatory Unit for Communications Services, and the President of the Supreme Court of Justice. President of the National Chamber of Commerce and Services of Uruguay, or those who designate as their representatives.

To be convened by the President of the Electronic Certificate Unit or the absolute majority of the members of the Advisory Board.

You may be consulted by the Executive Council on any aspect of your competence and you will be required by the Executive Council when exercising powers of regulation, without your pronouncements having binding.

ArtAculoA 14.A (Competition).-The Electrical Certification Unit should perform all necessary actions for the fulfillment of the objectives and other provisions of this law. For such purposes, the following functions and attributions shall be:

1) Credit:

A) Receive, process, and resolve accreditation requests from service providers certification.

B) Register certificate service providers in the Service Prestators Registry Accredited Certification, which to this effect is created in this law, after the accreditation has been granted.

C) Suspend or revoke the enrollment of accredited certificate service providers.

D) Maintain on the Web site of the Electronic Certificate Unit the information relative to the Accredited Certificate Services Prestators record, such as high, low, sanctions, and recall.

2) Control:

A) Controlling the quality and reliability of services provided by service providers Accredited certification, as well as the auditorAy procedures to be set in the regulation.

B) Performing AuditorAas to Accredited Certification Service Providers, in accordance with the criteria that the regulation establishes to verify all aspects related to the life cycle of recognized certificates and their cryptographic keys.

C) Determine the measures you deem necessary to protect the confidentiality of your recognized certificates.

d) Perform inspections and require at any time service providers certification accredited all necessary information to ensure compliance with the function in the terms defined in this law and its regulations.

3) Of instruction: receiving and evaluating claims from recognized certificate holders relating to the service delivery of certification, without prejudice to the direct responsibility that the accredited certification service provider has before the holder.

4) Of regulation:

A) Defining the technical and operational standards to be met by service providers accredited certificates, such as the procedures and accreditation requirements necessary for their compliance.

B) Set industry rules and patterns to ensure compatibility, interconnection, and interoperability, as well as the correct and safe operation of the signature creation and verification devices, controlling their application.

5) Of sanction: The Electrical Certificate Unit may impose the accredited certification service provider as infringes in whole or in part any of the obligations arising from this law or the rules that are applicable to the service which it provides, the penalties that will be graduated in attention to the seriousness or reiteration of the offence, which is detail below:

A) Aperception.

B) Multa between 100,000 IU (one hundred thousand indexed units) and 4,000,000 UI (four million units indexed).

C) Suspending up to a year of accreditation.

D) Revocation of the accreditation.

The penalties may be applied independently or jointly, according to the circumstances of the case.

Resolutions imposing pecuniary sanctions according to the provisions of this law constitute executive title for all purposes.

ArtAculoA 15.A (National RaAz Certificate Authority).-The National RaAz Certificate Authority is the first authority of the certificate chain to issue, distribute, revoke and administer the certificates from accredited certification service providers.

DesAgnase to the Agency for the Development of the Government of Electricity and the Information and Knowledge Society as a National Certified RaAz Authority.

CAPATULO III

ACCREDITED CERTIFICATE SERVICE PROVIDERS

ArtAculoA 16.A (Accredited Certificate Services Prestators Register)-Crate the Certificate of Accredited Certification Services Prestors that will be in charge of the Certificate Unit Electronic.

ArtAculoA 17.A (Requirements to be Accredited Certification Services Prestor).-They are indispensable conditions for being Accredited Certification Services Prestor, the following:

1) Being a physical or legal person incorporated in the country, giving a sufficient financial guarantee and solvency to lend the services.

2) Contar with qualified personnel with knowledge and experience necessary for the provision of certification services offered and the appropriate security and management procedures in the advanced electronic signature.

3) Use appropriate standards and tools to be established by the Electrical Certificate Unit.

4) Being domiciled in the territory of the Eastern Republic of Uruguay, understanding that it complies with this requirement, when its Technical infrastructure and other material and human resources are located in Uruguayan territory.

ArtAculoA 18.A (Obligations of Accredited Certification Services Prestors).-All accredited certification service providers must meet the following obligations:

1) Refrain from generating, requiring, or otherwise taking knowledge or access under any circumstances, to the data of creation of advanced electronic signature of the holders of the certificates recognized by the issued.

2) Provide the requestor before the certificate of the recognized certificate the following mAnima information, which should be be transmitted free of charge, in writing or by electronic means:

A) The obligations of the signer, how the signature creation data is to be guarded, the the procedure to be followed to communicate the loss or possible use of such data and certain advanced electronic signature creation and verification devices that are compatible with the signature data and the recognized certificate issued.

B) The mechanisms to ensure the reliability of the advanced electronic signature of a document time.

C) The method used by the provider to check the identity of the signer or other data that appear on the recognized certificate.

D) The precise conditions of use of the recognized certificate, its possible use lAmites, and the way the provider guarantees its patrimonial responsibility.

E) The accreditations that the certificate service provider obtained.

F) The other information contained in the certificate of certificate declaration.

To the above mentioned information that is relevant to third parties affected by the recognized certificates should be available at the instance of these.

3) Maintain an updated record of recognized certificates that will indicate the certificates issued and if they are or if its validity has been suspended or extinguished. The integrity of the registry will be protected by using the appropriate security mechanisms.

4) Ensuring the availability of a query service about the validity of recognized certificates.

5) Report to the Electrical Certification Unit any modification of the conditions that allowed your accreditation for the duration of your registration in the Accredited Certificate Service Prestors Register.

ArtAculoA 19.A (Cese of the activity of an accredited certification service provider).-The accredited certification service provider that will cease in its activity should communicate it to the holders of recognized certificates that have been issued and may transfer your management, with your express consent, to another accredited certification service provider or, otherwise, to terminate its validity.

This communication should be carried out with a minimum of sixty days before the effective cessation of its activity and will inform you, if any, of the characteristics of the provider to whom the transfer is proposed. The communication should be realized in the first twenty days and the holders of the certificates will have a period of twenty days from the reception of the communication to give their consent.

The provider must inform the Electronic Certificate Unit with an antelation of twenty days to the effective cessation of its activity and must indicate the destination that will give to the recognized certificates, specifying if it will transfer and take away, or leave them without effect.

The registration of the certification service provider in the Certificate of Credentialing Service Providers will be cancelled ex officio by the Unit of Electrical Certification, when there is an end to its activity.

The Electronic Certificate Unit will be charged with the information regarding the recognized certificates that have been left without effect by the service provider of certification, in accordance with the provisions of the numeral 3) of the artAculoA 18.

ArtAculoA 20.A (Responsibility of accredited certification service providers).-Accredited certification service providers will answer for the damages they cause to any person in the exercise of their activity, when they fail to comply with the obligations laid down in this law or act with negligence. In any event, it shall correspond to the accredited certification service provider to demonstrate that he acted with due diligence.

The accredited certification service provider will respond to any damages caused by the improper use of the certificate recognized when it has not entered into it, clearly recognizable by third parties, the lAmite in how much to use or the amount of the value of the valid transactions that can be made using it.

The liability shall be enforceable in accordance with the general rules on contractual or non-contractual fault, as appropriate, with the specialities provided for in this Article. When the guarantee that the accredited certification service providers would have constituted is not sufficient to satisfy the compensation due, they will respond to the debt with all their present and future assets.

The provisions of this article are without prejudice to the provisions of the Law No 17.250of 11 August 2000 on consumer relations.

In no case shall the liability that may emanate from the certification by a non-state accredited certification service provider commit the pecuniary responsibility of the State.

CAPATULO IV

RECOGNIZED CERTIFICATES

ArtAculoA 21.A (Content of recognized certificates).-Recognized certificates will have the following content:

A) The indication that they are issued as such.

B) The unique identifier of the certificate.

C) The identification of the accredited certificate service provider that issues the certificate, indicating its name or reason social, your home, your email, your tax identification number and your registration ID data.

D) The advanced electronic signature of the accredited certificate service provider that issues the certificate.

E) The signer's identification through their names, surnames, and identity document for the people or the reason social and number of tax identification for legal persons. Any other circumstances of the holder may be entered in the certificate if it is significant in terms of the certificate's own purpose and provided that it has given its consent.

F) In the representation assumptions, the document indication that accredits the signatory's faculties to act on behalf of the physical or legal person to whom it represents.

G) The signature verification data that corresponds to the signature creation data that is under the control of the signer.

H) The beginning and end of the certificate validity period.

I) The certificate usage lAmites, if they are prevented.

The entry in the certificate of any other information regarding the signatory will require your express consent.

ArtAculoA 22.A (Compounding of applicants ' identity).-The identification of the physical person applying for a recognized certificate shall require their physical appearance before the persons responsible for verifying it and accredit by means of the identity card, passport or other legally accepted means.

In the case of recognized certificates of legal persons, the physical appearance of the representative will be required, which should be credited by a notarial certificate to the represented representation, the legal person, and its validity.

ArtAculoA 23.A (Vigence of recognized certificates).-Recognized certificates will be void if any of the following circumstances are present:

A) Expiration of certificate validity period.

B) Revocation by the signatory, by the physical or legal person represented by it or by an authorized third party.

C) A loss or inutilization for certificate support purposes.

D) Using undue use by a third party.

E) Judicial or administrative resolution ordering it.

F) Death of the signatory or his or her represented, total or partial inability to come, of any of them, termination of the representation or extincation of the sworn person represented.

G) Cese in your activity of the accredited certificate service provider unless, prior to the express consent of the signatory, the recognised certificates issued by aquahl are transferred to another accredited certification service provider.

H) Serious inaccuracies in the data contributed by the signer for the recognized certificate object.

The loss of effectiveness of the recognized certificates, in the cases of expiration of their period of validity and cessation of activity of the provider of accredited certification services, will have to take place since these circumstances have been produce. In the case of cases, the effect of the effectiveness of a recognised certificate shall be effective from the date on which the accredited certification service provider has a certain knowledge of any of the factors determining the certificate. This will be recorded in your updated record of recognized certificates.

In any of the cases indicated by the accredited certification service provider, you will have to publish the effectiveness of the recognized certificate and respond to any damages caused to the signatory or third parties. in good faith because of the delay in the publication. Proof that third parties know the invalidating circumstances of the recognised certificate shall correspond to the certification service provider.

The accredited certification service provider may temporarily suspend the effectiveness of the recognised certificates issued if it is requested by the signatory or his or her represented or ordered by a judicial or administrative authority. The suspension shall have effects in the manner provided for in the two preceding points.

.A (Equivalence of certificates).-Recognized certificates may be issued by entities not established in the national territory and shall be equivalent to those granted by service providers Accredited certification, when there is an international convention ratified by the Eastern Republic of Uruguay and is in force.

CAPATULO V

SIGNER OR SIGNATORY

ArtAculoA 25.A (signer or signatory rights).-The signer or signatory has the following rights:

A) To be informed by the accredited certification service provider, with no prior to the issuance of the certificate recognised, as set out in the numeral 2) of the Art.A 18.

B) A that the accredited certification service provider employs the technical elements available to provide security and confidentiality to the information provided by him and to be informed about it.

C) A that the accredited certification service provider informs you about your address in the Eastern Republic of Uruguay and about the means to which you can go to request clarifications, account for the malfunctioning of the system or file your claims.

ArtAculoA 26.A (Signer or signatory obligations).-They are signer or signatory obligations:

a) Provide accurate and complete statements at the time of providing your personal identity data or other circumstances certificate object.

B) Maintain exclusive control of your advanced electronic signature creation data, not share and prevent your divulgation.

C) Use a technically advanced technical signature creation device.

D) Request the revocation of your recognized certificate to the accredited certificate service provider before any circumstance that may have compromised the privacy of your signature creation data.

E) Report without delay to the certification service provider credited with changing any of the data contained in the recognized certificate that would have been verified.

ArtAculoA 27.A (Responsibility of the representatives or administrators of the legal persons).-For the case where the holder of the recognized certificate is a legal person, they are responsible for their representatives or administrators in accordance with the provisions of this law and the general rules on the matter.

CAPATULO VI

FINAL PROVISIONS

ArtAculoA 28.A (Derogations).-Derogbe the artAculsA 129 and 130 from the Ley NAºA 16,002, 25 November 1988; 697 de la Law No 16,736of 5 January 1996; 25 of the Law No 17.243, of 29 June 2000; 329 and 330 of the Law No. 18172, dated August 31, 2007; and other rules that oppose this law.

ArtAculoA 29.A (Transfer of the Certificate Services Prestlers).-A period of ninety days is set for the transfer of the Certificate Services Prestators Registry, which is in charge of the Regulatory Unit for Communications Services, to the Registry of Accredited Certification Service Providers created by this law in the Electronic Certificate Unit.

ArtAculo 30.A (Reglamentation).-The Executive Branch should regulate this law within one hundred and eighty days of its promulgation.

A A A A A A Sala de Sessions de la CA ¡ mara de Senators, in Montevideo, 15 September 2009.

ALBERTO COURIEL,
President.
Hugo RodrAguez Filippini,
Secretary.

MINISTRY OF EDUCATION " N AND CULTURE
TO MINISTRY OF INTERIOR
TO MINISTRY OF FOREIGN RELATIONS
TO A TO MINISTRY OF ECONOMY AND FINANCE
A TO A MINISTRY OF NATIONAL DEFENSE.
A A A A MINISTRY OF TRANSPORT AND
works pasblicas

A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A
A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A PESCA
A A A A A A MINISTRY OF TOURISM AND SPORT
A A A A A A A A A MINISTRY OF HOUSING, TERRITORIAL PLANNING AND ENVIRONMENT
A A A A A A A A A MINISTRY OF SOCIAL DEVELOPMENT

Montevideo, 21 September of 2hcásmplase, acorsese recibo, comunAquese, publáquese e insáltese en el Registro Nacional de Leitos y Decretos, la Ley por la que se engran la admissibility, la valibilión y la effectiveón Electronic document and electronic signature. RODOLFO NIN NOVOA.
CARLOS LISCANO.
JORGE BRUNI.
PEDRO VAZ.
ALVARO GARCAA.
GONZALO FERNANDEZ.
VACTOR ROSSI.
RAASL SENDIC.
JULIO BARAIBAR.
MARAA JULIA MUA ' OZ.
AMDRA%S BERTERRECHE.
HA%CTOR SEAT.
JACK COURIEL.
MARINA ARISMENDI.

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Montevideo, Uruguay. Legislative Power.