The Federal Government, through Decree n. 10.543/2020, established rules on the application and acceptance of digital signatures by Federal Public Administration bodies, facilitating the provision of services and private sector interactions, and providing companies with two alternatives for digital signature. Federal Public Administration bodies must comply by July 1st, 2021.
The Federal Government issued Decree n. 10.543/2020, enforcing article 5 of Law n. 14.063/2020 on the application and acceptance of digital signatures by Federal Public Administration (FPA) bodies. Digital signatures are valid for interactions and the exchange of information between companies and FPA bodies. The law defined three categories of digital signatures, that vary in levels of complexity, security and acceptance.
The decree specified the requirements for each digital signature category (article 5), which will be made available and accepted by every FPA body:
- Simple Electronic Signature: users registered in the “Gov.br” platform submit self-declaratory personal information, which is validated within the federal government database.
- Advanced Electronic Signature: users partake a registration process that guarantees identity, using one of three validation possibilities:
- biographic and documental validation, remotely or in-person, reviewed by a public agent;
- biometrical validation, reviewed within the federal government database; or
- biometrical, biographic or documental validation, remotely or in-person, reviewed by a
high-security digital access validator.
- Qualified Electronic Signature: companies partake the usual “ICP-Brasil” Digital Certificate process.
While the “Qualified” digital signature had already been implemented in 2001 and has been commonly used, the introduction of the “Simple” and “Advanced” digital forms of signature aim at facilitating public access to federal government services and procedures, as they represent alternatives of lesser complexity.
Acceptance of those digital signatures by FPA bodies is specified in article 4 of the decree, for purposes that include the following:
- Simple Electronic Signature: accepted for interactions without protected information, such as requests for authorization and licenses, submission of digital documents, and access to official logged areas;
- Advanced Electronic Signature: apart from those accepted by the “Simple” digital signature, it is accepted for interactions with degrees of classified or protected information, such as applications for trademark and patents, and submissions of digital documents in response to inspection processes or related to administrative appeals;
- Qualified Electronic Signature (“ICP-Brasil” Digital Certificate): accepted in all company-government interactions.
The FPA bodies must adapt their Information and Communications Technology (ICT) systems and provide user guides detailing the services under each category of digital signature by July 1st, 2021.
