Posted by: Claraliz Oviedo Maglione | Associate at Alvarado y Asociados.
In these last two years, our new reality has demanded the digitization of the world and therefore, the use of technology has become fundamental for the simplification and streamlining of procedures. In fact, in Nicaragua, you have surely noticed that the Public Registry of Managua and some departmental registry offices, use electronic signatures and seals in official documents.
The foregoing was approved by means of an Agreement issued by the National Directorate of Registries, which authorized the use of a digital signature for registration, certification and qualification notes of suspension/denial, withdrawal, administrative resources, therefore, in those specific cases, the signature, does not alter the authenticity of the documents. But, can we electronically sign any document and be certain of its validity?
In Nicaragua since August 30, 2010, the date of its publication in the Official Gazette, Law No. 729 “Electronic Signature Law” and Decree No. 57-2011 “Regulations of Law No. 729” are in force. in force since November 8, 2011, the date of its publication in the Official Gazette.
Both legal instruments regulate what is related to the Electronic Signature, establishing that the Certified Electronic Signature will have the same legal value as the handwritten signature; that it will be admissible as evidence in judicial or administrative proceedings; and that when the law requires the handwritten signature of a person, that requirement will be fulfilled with a Certified Electronic Signature, except in some cases related to family rights, very personal acts in general and due to death.
Despite the existence and validity of a legal framework that grants and recognizes the efficacy and legal value of electronic signatures and digital certificates and all intelligible information in electronic format, in practice we find that this legal figure is being inapplicable, because, To date, there is no entity that provides electronic signature certification services, accredited by the regulatory entity.
Therefore, more than eleven years have passed since the issuance of the aforementioned regulatory bodies, and the answer is: No, we still cannot use the electronic signature in Nicaragua.
By the time we have the first provider of electronic signature certification services, registered with the General Directorate of Technology of the Ministry of Finance and Public Credit, Nicaragua will have the legal tool to modernize and streamline many procedures. Fortunately, every day you can access more online services in institutions such as the General Directorate of Revenue, the Mayor’s Office of Managua, the Supreme Court of Justice, the National Police, the Public Registry, the Ministry of the Interior, Cadastre, among others.