2
Feb

Electronic Signature in the Dominican Republic is regulated under Law 126-02 on e-commerce, Documents, and Electronic Signatures, as well as its regulations contained in Decree 335-03.

This law was enacted in 2002 and its regulations in 2003, which means it is not new in this country, what is also true, however, is that its utility and need have increased significantly in this new way of life and business today.

For this reason, as well as the frequent consultations we receive about the topic, especially from people interested in Companies, Corporations and Business in the Dominican Republic, we will be elaborating on the subject, in hopes to define its concept, practicality and above all, its use in the Dominican Republic.

Digital Signature

It is a numerical value that adheres to a data message and that, using a known mathematical algorithm linked to the initiator key and the text of the message, confirms that this value has been obtained exclusively with the initiator key and the text of the message, as well as confirming that the initial message has not been modified after transmission.

Features of electronic signatures: the use of an electronic signature will have the same value and effect as a handwritten signature, as long as it incorporates the following attributes:

• It is unique to the person who uses it;
• It is subject to verification;
• It is under the exclusive control of the person using it;
• It is linked to the information of the signatory and digital document or message to which it is associated, in such a way that, if these are changed, the digital signature is invalidated, and
• It is in accordance with the regulations adopted by the Executive Branch

The questions we are asked most commonly are the following:

1. Can I sign a document electronically in the Dominican Republic ?

Yes, you can. We have a law that regulates these matters and with this law, any entity or company must accept these signatures.

2. I have an electronic signature registered in a different country, Can I use it in the Dominican Republic?

You would not be able to use it for documents in the Dominican Republic, because for a digital signature to be accepted, you would need to have it Registered in the Dominican Republic. The regulatory entity for these signatures is the Dominican Institute of Telecommunications (INDOTEL for his Spanish acronym) and the main bodies authorized for these purposes are:

1. Directorate General of Internal Taxes (DGII for his Spanish acronym) authorized by Resolution No. 049-13 of the Board of Directors.
2. Banco de Reservas in the Dominican Republic, authorized by Resolution No. 020-16 of the Board of Directors.
3. General Directorate of Customs authorized by Resolution No. 008-18 of the Board of Directors.
4. Novosit, authorized by Resolution No. 055-2020 of the Board of Directors.
5. Digifirma, Chamber of Commerce and Productions
6. Attorney General’s Office.
7. OPTIC (Presidential Office of Information and Communication Technologies)

Electronic signatures obtained through the different platforms that offer them for use in legal documents in the Dominican Republic are not accepted legally. Additionally, digital signatures from other legislations are not accepted either, as a result, the right path is to simply follow the digital signature registration process in the country.

3. Benefits of digital signatures

• Security and integrity of information
• It can be provided without having to be physically present
• Reduces messaging and archiving costs
• Sign from anywhere, anytime
• Automation and simplification of proceedings
• Increase productivity and shortens response times
• Reduces costs for the institution
• Environmentally friendly
• Better control and monitoring of proceedings
• Efficiency and competitiveness
• Reduces the use of paper
• Less time standing in lines

4. Do digital certificates expire?

Yes, each Certifying Entity will establish different duration periods for the certificates according to its policies.

These are some of the most common questions about Electronic signature in the Dominican Republic, however, if you have any other question or concern, do not hesitate to contact us, you can do it through one of our communication channels by clicking here.

In our law firm Morillo Suriel Attorneys at Law, we have a division specialized in Corporate Law and Business in the Dominican Republic. Through this division, we can assist you with any questions or concerns you may have regarding this or any other topic.