Provisional Measure 983/2020 Aims To Reduce Bureaucracy And Simplifies The Electronic Signature Process

• Published date: 22 September 2020
• Subject Matter: Coronavirus (COVID-19), Government Measures
• Law Firm: Koury Lopes Advogados
• Author: Ms Tania Liberman and Renata Antonelli

On June 17, 2020, the federal government issued Provisional Measure 983/2020 ("MP") to allow new forms of electronic signatures in addition to the signature with the use of digital certificate, in transactions involving the public administration Such new forms of electronic signatures have the same legal value as signatures on paper and aim to simplify and reduce the bureaucracy on the digital relationship between the citizens and the government. The MP will apply to (i) the internal communication among the bodies and entities of the direct autarchic and foundational administration of the Government and autonomous bodies of the federative agencies; (ii) the communication among private individual or legal entities and the public entities indicated in item (i) above; and (iii) the communication between the public entities indicated in item (i) above.

Electronic signatures will be classified according to the risk levels of the documents to be signed, within three types: (i) simple, which (a) allows the identification of the signor, and (b) attaches or associates data to other data in the signor's electronic format; (ii) advanced which (a) is associated with the signor in an unambiguous way, (b) uses data for its creation allowing the signor, with a high degree of security, to operate under its exclusive control, and (c) allow the detection of any modification after the signature on the document; and (iii) qualified, which uses the digital certificate, under the terms of Provisional Measure No 2,200-2/2001.

The MP establishes that each entity of the Public Power or autonomous body of each federative entity will define the type of signature that will be accepted, subject to following guidelines:

1. Simple electronic signatures may be used in any interaction with a public entity that does not involve information protected by confidentiality.
2. Advanced electronic signatures will be accepted whenever simple electronic signatures are accepted and also in interactions with a public entity that involves information protected by secrecy, and in the registration of acts with the board of commerce.
3. Qualified electronic signatures will be required in acts relating to the transfer and registration of real estate; in normative acts signed by the heads of the Government Ministers of State or by autonomous bodies of a federal entity; and in the other cases provided for by law.

It is important to note that, during the period of the COVID-19 pandemic, acts of the Public...