On February 6, 2025, an agreement between Brazil and Mercosur, a South American trade bloc, entered into force recognizing the validity of digital signature certificates across borders. The Agreement on Mutual Recognition of Digital Signature Certificates gives accredited digital signatures the same legal and evidentiary value as handwritten signatures in the signatory nations, in accordance with their domestic legal systems. (Agreement, art. 1.1.)
Brazil and Mercosur, also known as the Southern Common Market, signed the agreement on December 5, 2019, along with Mercosur members Argentina, Paraguay, and Uruguay. Subsequently, Brazil’s National Congress approved the accord by means of Legislative Decree No. 24 of April 11, 2024. It then enacted Decree No. 12.376 of February 6, 2025, to promulgate the agreement and advance the mutual recognition of digital signature certificates issued by accredited certification service providers or licensed certifiers.
Decree No. 12.376 is designed to promote consistent legislation regarding identification verification and the use of digital signatures. The decree highlights the need for uniform laws governing communication methods, information storage procedures, and authentication practices that replace traditional paper-based systems, along with trustworthy means for identifying individuals in digital environments. (Preamble.)
Content of the Decree
The decree provides that digital signature certificates issued in one signatory country will hold the same legal validity as those issued in another participating country if the certificates are issued by an accredited certification provider. (Art 3.)
The decree directs the parties to harmonize certification practices of accredited providers by addressing operational issues such as control over access to digital signature services, information storage, data integrity, and the physical security of facilities. (Art 4.)
Furthermore, the countries must ensure that accredited certification service providers process personal data in accordance with the personal data protection legislation of the nation where they obtained their license or accreditation. (Art. 6.)
Ultimately, the decree allows the parties to create other specific instruments that support the implementation and fulfillment of the agreement’s purpose. (Art 9.)
Prepared by Thais Sales, Law Library Intern, under the supervision of Eduardo Soares, Foreign Law Specialist
Law Library of Congress, May 2, 2025
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