Digital transformation has changed the way people do business and one of the most innovative solutions has been the electronic signature. In Panama, the electronic signature has been regulated for 15 years, however, after all these years, there is still some suspicion from companies and public institutions in using this method that seeks to solve and streamline business and procedures. Consequently, the purpose of this article is to detail and provide information on the regulations that monitor the electronic signature so that more people begin to implement this legal method in their businesses.
Law No. 51/2008, amended by Law No. 82/2012, and its regulation Executive Decree No. 684/2013, are the main regulatory frameworks that define and regulate electronic documents, electronic signatures, the provision of technological document storage services, the certification of electronic signatures and other relevant provisions for the development of electronic commerce.
However, the law defines an electronic signature as a set of data that is used to identify a person and to indicate that this person approves the information contained in the electronic document. However, this concept cannot be studied alone since there are other types of signatures and definitions that are important by law:7
Simple electronic signature: a technical method to identify a person and indicating that person's approval of the information contained in the electronic document.
Qualified electronic signature: Electronic signature whose validity is supported by a qualified electronic certificate, states that:
It allows to identify the signer and detect any subsequent changes to the signed data.
It is uniquely linked to the signatory and the data to which it refers.
It has been created using secure electronic signature development devices, which the signatory keeps under his exclusive control.
It has been created through the infrastructure of a certification service provider, registered with the National Directorate of Electronic Signature.
Digitized or scanned signature: Image of the handwritten signature trace, that is the result of its scanning. This signature is by no means a qualified electronic signature or a simple signature, so it has no legal value.
Electronic certificate: Electronic document issued by an electronic signature certification service provider, that links the verification data of an electronic signature to a signatory and confirms their identity.
Qualified electronic certificate: Electronic certificate issued by the Public Registry of Panama or by a certification service provider registered with the Public Registry, which complies with the requirements of the signatory's identity verification and the reliability and guarantees of the certification services.
Taking into consideration the previous concepts, we conclude that the most important difference between a simple electronic signature and a qualified electronic signature is that the qualified one has legal certainty. This is because the qualified electronic signature is accompanied by a qualified electronic certificate with the following information:
Signatory´s identification
Name and address of the regulated certification service provider issuing it.
Certificate date of issue and expiration.
Certificate serial or identification number.
The electronic signature of the certification service provider that issued the certificate.
Signature verification data that belongs to the signature creation data under the signer´s control.
Thus, the qualified electronic signature confers security and enjoys automatic legal value that is presumed as of right, while the simple electronic signature does not enjoy this legal presumption8. Consequently, it guarantees:
Authenticity since it identifies the person who sent the message or document.
Integrity because it guarantees that the message or document has not been altered.
No repudiation because it guarantees that the documents or messages and their content cannot be denied by their authors.
It is important to note that these qualified electronic certificates will have a renewable validity period of 2 years, and their requirements vary depending on the user's profile, which are9:
Natural person
Valid ID or document.
Personal email.
Certification of current immigration status, issued by the National Immigration Service, which applies to resident foreigners
Certification of current migratory movement, issued by the National Immigration Service, applies to non-resident foreigners.
Proof of payment of US$50.00.
Qualified professional
Valid identity card.
Legible copy of the certificate of suitability issued by the competent authority.
Email.
Proof of payment of US$50.00.
Collaborator of legal entity: these natural persons must have a power of attorney duly registered with the Public Registry of Panama.
Valid ID or document.
Certificate of Public Registry where it describes: the data of constitution, legal personality, name of the Legal Representative and the link of the collaborator with the organization and its limitations.
Email.
Proof of payment of US$50.00
Legal Representative of legal entity: these natural persons must appear as legal representatives in the Public Registry of Panama.
Valid ID or document.
Original passport and certification of immigration status or certification of migratory movement.
Certificate of Public Registry where the data of constitution, legal personality and the name of the Legal Representative are described.
Email.
Proof of payment of US$150.00.
Public Official: the request must be made through the Office of Human Resources or through the link of the entity:
Valid personal identity card.
Act of taking possession or decree of appointment
Confirm staff position number
Institutional email
Proof of payment of US$50.00
The National Directorate of Electronic Signature (DNFE), a dependency of the Public Registry of Panama, is the entity responsible for the management of electronic certificates from the Republic of Panama.
That said, Law 51/2008 gives legal value to electronic signatures provided that these two requirements10 are met:
That use a method that allows:
To identify the originator of a data message, and
to indicate that the content has your approval.
That the method is reliable and appropriate for the purpose for which the message was generated or communicated.
It is important to note that, if these contracts or documents are going to be used in government institutions (public sector), it will be at the discretion of these entities to require the qualified, simple electronic signature or request the fresh signature for official procedures or paperwork11. This is because, even though the regulations indicate that the State will use electronic signatures in its relationship with individuals, 12there are still entities that have not implemented it. Consequently, it is at the discretion of these entities to require the qualified, simple electronic signature or the fresh signature for official procedures.
