BRAZIL LAW AND PRACTICE Contributed by: Ricardo Barretto Ferreira da Silva, Ingrid Bandeira Santos, Sylvia Werdmüller von Elgg Roberto and Isabella da Penha Lopes, Azevedo Sette Advogados
According to MP 2,200-2, electronic documents are considered public or private for all legal pur - poses, and the content of documents electroni - cally produced with certification from ICP-Brasil is considered authentic in relation to the signato - ries thereof. It is important to highlight the differ - ence between digital and electronic signatures. Digital signatures use ICP-Brasil infrastructure through a digital certificate issued by ICP-Brasil, whereas electronic signatures do not use such digital certificate. Although the legal presump - tion of authenticity and integrity applies only to documents signed within the ICP-Brasil frame - work, MP 2,200-2 states that it does not prohibit the use of other means intended to prove the authorship of documents in electronic format, including those using certificates not issued by the ICP-Brasil, provided that such use is accept - ed in advance by the parties. Therefore, agreements and documents in gen - eral can be signed with digital or electronic sig - natures. However, certain government authori - ties and boards of trade only accept documents signed electronically or using certified digital certified signatures issued by ICP-Brasil, under the assumption that the signatures are provided through platforms that certify their validity via a QR code, hash code or validation code. In this regard, Law No 14,063/2020 emerged with the objective of expanding access to digital public services by reducing the bureaucracy associ - ated with electronic signatures in documents. This law amended MP 2,200-2 and provided for the use of electronic signatures in interactions with public entities, and in relation to the acts of legal entities and health issues. As a recent development in this matter, the Superior Court of Justice ( Superior Tribunal de Justiça ; STJ) recognised the validity of electronic signatures within a digital platform not certified
by ICP-Brasil, as long as the parties involved accept such platform’s validity, along with the entity to which the signed document is submit - ted. This represents an important step away from excessive formality, considering the nuances of the digital environment. The term “digital identity” has no standard defi - nition in Brazil. However, it can be defined as the way in which an individual is represented and documented online. Several distinct identifiers can represent a digital identity, such as: • name; • date of birth; • login credentials; • email address; • passport number; Law No 14,852/2024 (the “Electronic Games Framework”), in force since May 2024, estab - lishes the regulatory framework for the manufac - turing, importation, commercialisation, develop - ment and commercial use of electronic games in Brazil. This law excludes from its scope lotteries, sports bets (which are regulated by other laws) and any games involving bets or offering prizes in the form of real or virtual assets, or involv- ing random or predicted outcomes. The main provisions of the Electronic Games Framework include: • industry regulation – the law regulates aspects of the electronic games industry, allowing the use of games for entertainment • social security number; • browsing behaviour; and • online shopping activity. 9. Gaming Industry 9.1 Regulations
28
CHAMBERS.COM
Powered by FlippingBook