The Law 14.063 changes the rules for electronic signature

The Law No. 14.063 was published on Sep-24-2020, which provides for the use of electronic signatures with public entities within the scope of:

a) Internal interaction of the agencies and entities of the direct, autarchic and foundational administration of the Branches and constitutionally autonomous agencies of the federative entities;

b) Interaction between individuals or legal entities under private law and public entities in the situations addressed in item 'a';

c) Interaction between public entities in the situations treated in item 'a'.

It is important to highlight that the Law 14.063 works with the following concepts:

In addition, based on that law, the electronic signature forms are now classified into three forms:

a) Simple electronic signature: Allows the identification of its signee; or annexes or associates data with other signee’s electronic data.

The simple electronic signature can be accepted in interactions with a public entity with less impact and that are not related to information protected by confidentiality degree.

b) Advanced electronic signature: Uses certificates not issued by ICP-Brazil or other means to authenticate the authorship and integrity of electronic documents, as long as admitted by the parties as valid or accepted by the person to whom the document is addressed. Such signature is uniquely associated with the signee, using data to create an electronic signature whose signee can operate, with a high confidence level, under its exclusive control, and is related to the data associated with it in such a way that any further change it is detectable.

The advanced electronic signature may be accepted by public entities in the same conditions as the simple electronic signature and in records of documents before commercial boards. The law furthermore indicates that if it is used in shareholders' meetings, conventions or legal entities' meetings it must be accepted by legal entities under public law and by the public administration.

c) Qualified electronic signature: this uses a digital certificate, under the terms of Paragraph 1 of Article 10, of the Provisional Measure 2200-2/2001, and the signature modality that has the highest level of trustworthiness from its rules, standards, and specific procedures.

The qualified electronic signature can be used in the situations provided for both simple and advanced electronic signature; and in any other electronic interaction with a public entity, regardless of prior registration. It should also be used in the issuance of electronic invoices, in real estate transfer and registration processes, as well as in any medicine prescription with special control and in medical certificates in electronic media, among other actions.

Adaptation

The provisions of the Law 14.063 do not establish obligation to the agencies and entities of the direct, autarchic, and foundational administration of the Branches and constitutionally autonomous agencies of the federative entities to provide electronic communication mechanisms in all interaction cases with individuals or legal entities.

However, the systems in operation when this Law entered into force (at its publication date) that use electronic signatures and that do not comply with the provisions of Article 5 of this Law will be adapted until July-01-2021.