I.2 Application of Legal Requirements to Digital Documents and Data Messages

Where a rule requires information to be in writing, a digital document or data message satisfies the requirement if the information it contains is accessible for later consultation and complies with the applicable validation requirements.

Where a signature is required, the requirement is satisfied by a digital signature that complies with the statutory conditions.

Digital documents and data messages are admissible as evidence and carry the same evidentiary weight as private-signature acts under the Civil Code and the Code of Civil Procedure (Art. 9, Law 126-02).

Dominican courts and agencies now routinely accept digitally signed documents, but the reinforced probative value applies to signatures backed by an INDOTEL-authorized certification entity; foreign e-signature platforms without local certification are weighed as ordinary evidence.

I.3 Communication of Digital Documents and Data Messages

In the formation and validity of contracts, the offer and its acceptance may be expressed through a digital document, a data message, or a data message carrying a digital document.

As between the originator and the addressee, the legal effects of digital documents and data messages sent may not be denied. The law further regulates the attribution of data messages, the presumption of origin, consistency, duplication and acknowledgment of receipt, among other matters.

II. Digital Signatures

Under Law 126-02, a digital signature has the same validity and effect as a handwritten signature if it meets the following conditions: (a) it is unique to the person using it; (b) it is verifiable; (c) it is under the exclusive control of the person using it; (d) it is linked to the associated information, digital document or message in such a way that any alteration invalidates the signature; and (e) it conforms to the e-commerce regulations adopted by the Executive Branch (Art. 31, Law 126-02).

A secure digital signature is one that can be verified under a security-procedure system meeting the requirements of the law and its regulation.

II.2 Certification Entities

Certification entities issue certificates relating to the digital signatures of natural and legal persons, offering and facilitating the creation of certified digital signatures, and provide registry and time-stamping services for the transmission and reception of data. Certification entities may operate only with INDOTEL authorization.

III. Cybercrime Law

Crimes and offenses committed on the internet or through the use of technology in the DR are governed by the High Technology Crimes and Offenses Law 53-07 of April 23, 2007 (the “Cybercrime Law”).

The aim of Law 53-07 is to protect systems that use information and communication technologies and their content, and to prevent and sanction offenses committed against those systems or any of their components, or perpetrated through such technologies to the detriment of natural or legal persons. The law likewise protects the integrity of systems that transfer data and process commercial and banking transactions and confidential commercial agreements.

Offenses against the confidentiality, integrity and availability of data and information systems sanctioned by Law 53-07 include:

• Illegal use of access codes to enter any electronic system or database.
• Cloning of access devices.
• Illicit access to any electronic, computer, telematic or telecommunications system.
• Use of data obtained by illicit access.
• Illicit access to third-party services without paying the legitimate provider.
• Manufacture or possession of fraudulent devices intended for the commission of cybercrime.
• Interception of or interference with another’s data or signals without authorization.
• Damage to or alteration of data with fraudulent intent.
• Sabotage of electronic, computer, telecommunications or technology systems.

III.2 Content Offenses

Content offenses target a specific person, their life or their property. An attempt against human life carried out through an electronic, computer or telecommunications system is punished with the same penalty as intentional or involuntary homicide. Content offenses include:

• Theft committed through high technology or telecommunications.
• Illicit obtainment of funds and illegal electronic funds transfers (EFT).
• Fraud carried out by electronic, computer or telecommunications means.
• Extortion through electronic, computer, telematic or telecommunications systems.
• Identity theft carried out by electronic, computer or telecommunications means.
• Falsification of documents and signatures, including decrypting, decoding, deciphering, disseminating or trading in digital or electronic documents, signatures and certificates.
• Use of equipment to invade privacy without legitimate reason or authorization.
• Illicit commerce of goods and services through the internet or any information system.
• Defamation and public injury committed through electronic means.
• Sexual assault against minors or persons with disabilities or mental illness using information systems, and child pornography.

III.3 Telecommunications Offenses

Offenses against telecommunications are punished when committed through one or more of the following: fraudulent call-back; re-routing of international calls; landline theft; unauthorized diversion of call traffic; illicit manipulation of telecommunications equipment; and interference with private exchanges (PBX).

III.4 Crimes against the Nation and Acts of Terrorism

Acts carried out through computer, electronic or telecommunications systems against the national security of the DR, including sabotage, espionage and the supply of information, are punished with fifteen (15) to thirty (30) years of imprisonment and fines of 300 to 2,000 minimum wages. In terrorism cases, the penalty is twenty (20) to thirty (30) years and fines of 300 to 1,000 minimum wages.

Companies operating in the DR should align incident-response protocols with Law 53-07, since prosecution requires preserving digital evidence to forensic standards; the specialized prosecution office for high-technology crimes and the police DICAT unit handle these matters.

This publication is provided for informational purposes only and not as legal advice. Any transaction related to any of the described aspects shall require advice and be specifically consulted with the Firm in advance. © Arthur & Castillo. All Rights Reserved. Next