In Bolivia, the regulation that grants legal validity to the digital signature was incorporated in 2011 through the promulgation of the Telecommunications Law, Law No. 164 dated August 8th, 2011 (“Telecommunications Law”). However, most public and private entities have not incorporated the use of the digital signature in their regular activities. The digitization of communications has become more important in recent weeks as a result of the restrictions imposed by the COVID-19 pandemic. In this way, numerous inquiries have been generated about the implementation of the digital signature in different public and private entities. Therefore, it is important to comment on some issues regarding the use of digital signature and the ways that it can be used in Bolivia.

I. Digital signature and evidentiary validity.

The digital signature, unlike a traditional signature (holographic), consists in the application of cryptographic mechanisms to the content of a message or document in order to demonstrate to the recipient of the message the following:

  • Authentication.Verify the identity of the issuer of a document;
  • Integrity.Check that the document has not been altered since its issuance; and
  • No repudiation.The documents cannot be denied in their authorship and content.

Consequently, when a digital signature is registered on a digital document or electronic data message, the will of the holder of the digital signature is presumed to prove the content of that information.

 

The Telecommunications Law establishes the following conditions for the evidentiary validity of the digital signature:

i) the digital signature must be individual, linked and controlled exclusively by its holder;

ii) the authentication and security procedures must allow the verification, authorship and identification of the document;

iii) the method of creation and verification must be reliable, secure and unalterable;

iv) the creation data must be under the sole control of the signatory; and

v) the digital certificate must be valid.

 

These characteristics differentiate the digital signature from the electronic signature, as the electronic signature does not have a digital certificate and an official registry, which guarantees the integrity and authorship of the document. Consequently, the law does not attribute the same evidentiary effects to the electronic signature as it does to the digital signature, with the exception of the use of the electronic signature in financial transactions, as we will explain in the section III. 2 of this article.

 II. Digital certificate and authorized entities

The Telecommunications Law establishes that the digital signature is linked to a digital certificate that allows to validate the authenticity and integrity of a message, software or digital document. The Digital Certificate is issued by an entity authorized by the Telecommunications and Transport Regulation and Control Authority (“ATT” in Spanish).

Digital certificates, in Bolivia, can be issued by the following entities:

  • Issuance by public entities:The Agency for the Development of the Information Society in Bolivia (“ADSIB” in Spanish) is the only public certifying entity in charge of providing the digital certification service for the public and private sector in Bolivia.
  • Issuance by private entities:The company DIGICERT SRL has the authorization of the ATT, to issue the digital signature to companies and individuals.
  • Issuance by foreign entities:Digital certificates issued by foreign certifying entities must be approved by a national certifying entity so that they have legal validity in Bolivian territory.

It is important to point out that the national regulations expressly recognize the right of the holder of the digital certificate to the confidentiality of the information provided to the certifying entity and the right to enforce their acceptance or opposition to the transfer of the data contained in their certificate to another certifying entity.

III. Implementation of the digital signature in State entities.

Bolivian legislation allows individuals and companies to sign all types of contracts or documents by electronic and digital means, incorporating the digital signature in these, with the exception of the following:

i) family law acts such as the signing of a regulatory divorce agreement or inventories by the guardians;

ii) the acts in which the law requires the physical presence of the parties, such is the case of signing notarized instruments in the presence of a Notary Public; and

iii) acts that require by law, or express agreement of parties, the subscription of a physical document for its validity or the production of certain effects, this is the case of certain share registry books, checks or promissory notes.

In the case of processes in State entities, some institutions have begun to develop virtual processes, in which the presentation of documents with digital signatures is supported in order that both individuals and companies can meet the requirements requested in some procedures, as explained below:

  1. Bolivian Customs (“Aduana Nacional” in Spanish).

The Bolivian Customs through the Board Resolution No. RD 01-030-18 dated December 13th, 2018, approved the Regulation for the use of the Digital Signature. This norm establishes that the holder of a digital signature that must carry out some procedure before the National Customs Office or its regional offices, must only register their digital signature before this institution and will immediately be able to present merchandise declarations, cargo manifests and other digital documents generated by, or exchanged with, the Bolivian Customs.

  1. Financial System Supervisory Authority ("ASFI" in Spanish).

In 2017, ASFI approved the Regulation for the use of the digital signature through Administrative Resolution No. ASFI / 145/2017 dated July 20, 2017. This regulation limited the use of the digital signature in the ASFI modules and/or information systems that generate digital documents with the express authorization of the Executive General Directorate.

However, Supreme Decree No. 4200 dated March 25th, 2020, which aims to implement the measures against COVID-19, has expanded the ASFI regulations, allowing banks and users to use the electronic signature as alternative means to digital signature in all financial transactions, the signing of financial contracts, checking accounts, contracting of credits and remote purchase.

  1. Registry of Commerce (administered by “Fundempresa” in Spanish).

The new Manual of Procedures of the Bolivian Trade Registry, approved by Ministerial Resolution MDPyEP No. 0072/2020 dated April 13th, 2020, has implemented the virtual modality for the processes referred to the constitution of new companies, business restructuring, activities of modification, registration of resolutions, issuance of bonds, dissolution, liquidation of companies or closure of branches and certification of registered documents.

In this way, the use of the digital or electronic signature is authorized for the subscription of all the corporate documents that emerge from meetings, assemblies or any instance of deliberation of the company. For the presentation of these digital documents before the Registry of Commerce (administered by Fundempresa), the only requirement is the digital signature of the Legal Representative of the company.

Therefore, the Procedures Manual implicitly allows partners or directors to simply consign electronic signatures in the corporate documents presented before the Registry of Commerce.

Finally, the presentation of public documents such as the Public Deed of Incorporation or the Power of Attorney of the legal representative is authorized, in PDF format and with the digital signature of the Public Notary, which must comply with the requirements established in the Administrative Resolution DIRNOPLU N ° 121/2019 dated August 23th, 2019.

April 24th, 2020

Rosario Echeverría.

  • Apr 29, 2020
  • by Rosario Echeverria

NEW ECONOMIC MEASURES AS AN EFFECT OF COVID - 19

Updated to April 14, 2020


Through the Supreme Decree (D.S) 4200 the Bolivian Government ordered the extension of the quarantine until the first fortnight of April, however, given the alarming increase in cases by COVID-19 in the country, since the D.S 4214, it was decreed to extend the quarantine until on April 30 of 2020, after considering the improvement in the situation in Bolivia against this virus.

Of course, this expansion has severe consequences for the country, for this reason, new economic measures were implemented as a support mechanism for Bolivian families, Micro, Small and Medium-sized companies. The novelties are the following:

On the other hand, the Central Government has regulated labor relations or the provision of services that are developed in the public and private sectors for as long as the quarantine persists. Thus, Teleworking takes place in this Health Emergency as a service provision modality, which consists of carrying out remunerated activities, using Information and Communication Technologies (ICT) in the framework of a contract or relationship of work.

The regulation is as follows:

April 18, 2020

Mariana Soria Galvarro


This publication contains information of general interest, so it should not be interpreted as a legal opinion. In the event that you need specific legal advice, you can contact us through our website www.gg-lex.com, the email This email address is being protected from spambots. You need JavaScript enabled to view it. or through our social networks.

  • Apr 24, 2020
  • by Mariana Soria Galvarro

NORMATIVE EVOLUTION REGARDING COVID-19 IN BOLIVIA

(From March 25th, to April 15th)

 

We are experiencing a volatile, uncertain, complex and ambiguous moment. It is our intention to keep you informed so you can take the best decisions during this difficult period.

We have prepared a brief summary and a compilation of recent regulations issued in Bolivia related with the emergency situation originated by COVID-19 (updated April 15th). Among these, we highlight the following:

  • Total Quarantine was extended throughout the Bolivian territory until April 30, 2020.
  • The validity of labor authorizations and vehicle circulation permits are automatically extended until April 30th, 2020.
  • The Government authorized the contracting of an annual collective insurance for health-care professionals infected by COVID-19. The insurance coverage is equal to Bs. 100,000 (US$ 14,368) for each health-care professional.
  • Free treatment for COVID-19 is granted only through public health entities.
  • During the period of health emergency, health-care professionals are exempt from the application of double salary prohibition and the maximum public salary limitation.
  • Teleworking is regulated as a special form of work.
  • The payment of Employer Contributions from February to May 2020, is extended by thirty (30) calendar days.
  • The term for the presentation of payroll information and payment of Long-Term Social Security Benefits, is extended by sixty (60) days from the removal of the total quarantine.
  • The presentation requirement of the March and April salary payrolls and occupational accidents reports is extended until May 30th, 2020, without fines.
  • The procedure for credit payment deferrals is established, expanding its scope to credit card and leasing operations.
  • Plans and Programs to support MSMEs are established, in order to protect the sources of employment and support the payment of salaries.
  • The Government creates a one time universal benefit “Bono Universal” equivalent to Bs. 500 (US$ 72). It will be granted for all Bolivians from eighteen (18) years of age to those under sixty (60) years of age, who are not employed and do not receive any other benefit.
  • The payment of the Family Benefit is extended to Private Schools, students with disabilities and adult education.
  • The driver's licenses and identity cards expired since January 1st, 2020, can be used until June 30th, 2020.

Additionally, the following compilation of regulations provides easy access to the Bolivian regulations referenced above. This compilation shows the evolution of these measures.


 

Statement No. 17/2020 from the Ministry of Labor of April 15th, 2020

Please find the cited regulation in the following link:

https://www.mintrabajo.gob.bo/index.php/comunicacion/27-destacados/1284-comunicado-17-2020.html

 

 

Supreme Decree No. 4219 of April 14th, 2020

Please find the cited regulation in the following link:

https://bolivia.infoleyes.com/norma/7325/decreto-supremo-4219

 

 

Supreme Decree No. 4218 of April 14th, 2020

Please find the cited regulation in the following link:

https://bolivia.infoleyes.com/norma/7324/decreto-supremo-4218

 

 

Supreme Decree No. 4217 of April 14th, 2020

Please find the cited regulation in the following link:

https://bolivia.infoleyes.com/norma/7323/decreto-supremo-4217

 

 

Supreme Decree No. 4216 of April 14th, 2020

Please find the cited regulation in the following link:

https://bolivia.infoleyes.com/norma/7322/decreto-supremo-4216

 

 

Supreme Decree No. 4215 of April 14th, 2020

Please find the cited regulation in the following link:

https://bolivia.infoleyes.com/norma/7321/decreto-supremo-4215

 

 

Supreme Decree No. 4214 of April 14th, 2020

Please find the cited regulation in the following link:

https://bolivia.infoleyes.com/norma/7320/decreto-supremo-4214

 

 

Announcement from the Ministry of Government of April 14th, 2020

 

 

Supreme Decree No. 4212 of April 8th, 2020

Please find the cited regulation in the following link:

https://bolivia.infoleyes.com/norma/7313/decreto-supremo-4212

 

 

Supreme Decree No. 4211 of April 8th, 2020

Please find the cited regulation in the following link:

https://bolivia.infoleyes.com/norma/7312/decreto-supremo-4211

 

 

Supreme Decree No. 4210 of April 8th, 2020

Please find the cited regulation in the following link:

https://bolivia.infoleyes.com/norma/7311/decreto-supremo-4210

 

 

Statement No. 14/2020 from the Ministry of Labor of April 8th, 2020

Please find the cited regulation in the following link:

https://www.mintrabajo.gob.bo/images/Comunicados/2020/comunicado-14-2020.pdf

 

 

Circular ASFI/DNP/CC-2785/2020 of April 6th, 2020

Please find the cited regulation in the following link:

https://www.asfi.gob.bo/images/ASFI/DOCS/SALA_DE_PRENSA/Cartas_Circulares/CC-2785.pdf

 

 

Administrative Resolution SEGIP/DGE/No.187/2020 of April 6th, 2020

Please find the cited regulation in the following link:

https://www.segip.gob.bo/6183-2/?fbclid=IwAR0oSBmmHBUDFjfCcTNYiyK7p0Btnh9nw1vo9fObr-IhoN-KtO-xmhSJ9Uk

 

 

Law No. 1294 of April 1st, 2020

Please find the cited regulation in the following link:

https://bolivia.infoleyes.com/norma/7303/ley-1294

 

 

Law No. 1293 of April 1st, 2020

Please find the cited regulation in the following link:

https://bolivia.infoleyes.com/norma/7302/ley-para-la-prevención-contención-y-tratamiento-de-la-infección-por-el-coronavirus-covid-19-1293

 

 

Supreme Decree No. 4206 of April 1st, 2020

Please find the cited regulation in the following link:

https://bolivia.infoleyes.com/norma/7305/decreto-supremo-4206

 

 

Supreme Decree No. 4205 of April 1st, 2020

Please find the cited regulation in the following link:

https://bolivia.infoleyes.com/norma/7304/decreto-supremo-4205

 

 

Supreme Decree No. 4204 of April 1st, 2020

Please find the cited regulation in the following link:

https://bolivia.infoleyes.com/norma/7308/decreto-supremo-4204

 

 

Statement No. 13/2020 from the Ministry of Labor of April 14th, 2020

Please find the cited regulation in the following link:

https://www.mintrabajo.gob.bo/images/Comunicados/2020/comunicado-13-2020.pdf

 

 

Administrative Resolution SEGIP/DGE/No.184/2020 of April 1st, 2020

Please find the cited regulation in the following link:

https://www.segip.gob.bo/resolucion-administrativano184/?fbclid=IwAR2V1lc18uBIyVZUC4Bp3ujpck3Zwiklbxc9323vdgBhCzHV7RE0x1aDUs8

 

 

Supreme Decree No. 4203 of March 31st, 2020

Please find the cited regulation in the following link:

https://bolivia.infoleyes.com/norma/7301/decreto-supremo-4203

 

 

Supreme Decree No. 4201 of March 25th, 2020

Please find the cited regulation in the following link:

https://bolivia.infoleyes.com/norma/7280/decreto-supremo-4201

 

 

April 17th, 2020

Luis Gutierrez

  


This article contains general information, so this information must not be understand as a legal opinion. If you need specific legal advice contact us by our web www.gg-lex.com, email us to This email address is being protected from spambots. You need JavaScript enabled to view it. or contact us by our social networks.

 

  • Apr 21, 2020
  • by Super User
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