14 Dec What is computer law and why is it important
The pandemic has forced the migration of many of the processes to digital media, for this reason. Computer law has gained great importance by providing legality and certainty to these processes.
Although the digitalization of business processes has been taking place for several years. The pandemic has forced an acceleration of the change in methodology in almost everything. Law is one of the branches that was forced to change the processes when face-to-face administrative procedures were complicated. This has boosted computer law.
Digital transformation has led the law to face some problems in the last couple of years. There were periods in the pandemic in which it was totally impossible to carry out certain legal activities in person. For this reason, we had to look for some digital alternatives.
Although this forced an advance in the digitization of these processes. The truth is that there were many tools that were not contemplated in the legal framework. This represented a huge problem in terms of the exercise of law.
What is Computer Law?
When we talk about computer law, we refer to the entire set of regulatory principles and regulations that encompass the legal effects of the relationship between traditional law and computer science.
This not only applies to the tools that can be used in law by computers but all the new legal regulations regarding computer crimes and others.
Computer law is concerned with information technology as a source of relevant legal problems so that solutions and regulations can be proposed.
Computer Law In Mexico
In the specific case of Mexico, there are laws, norms, and agreements. Regulations related to electronic commerce and the different tools of computer law. This includes electronic signatures, protection of personal data, etc.
An important step for the digitalization of processes in the field of law is the implementation of fundamental elements such as the trusted neutral third party. Previously, it was known as the Certification Service Provider or PSC.
Although it is not a new invention or an actor that appeared with NOM-151. It is the result of what was later recognized as necessary in this type of regulation. For this reason, it has been replicated worldwide in the field of computer law.
These tools provide security and certainty to processes through compliance with strict regulations and the provision of personalized services.
What are the benefits of Computer Law?
A rather didactic way to understand these benefits is through the following principles:
Principle Of Functional Equivalence
Having robust legal support, a document issued, signed, and agreed upon by the parties involved in writing, has the same validity as the same document in computer support. In other words, said digital document is just as valid as its physical counterpart.
This also gives guarantees to the parties that a document will not be damaged or disappear, as is the case with physical documents. Once digital, it can be stored on hard drives, cloud, USB memories, etc.
A document can be affected not only by accidents or the carelessness of the bearer. On many occasions, the document material itself can make it prone to damage. Certain types of paper and ink tend to be damaged by high temperatures, for example.
Thanks to the new tools for issuing and signing documents electronically, the process of signing contracts is greatly facilitated.
Currently, there are many technological platforms that allow authorization and give legal certainty to the signing of a document in a completely digital way.
Principle Of Electronic Neutrality
The laws on the electronic neutrality of documents are clear. There can be no favoring in the legal framework on the use of one tool over another. As long as the tools in question have the same legal validity. The laws will be neutral regarding the tool or platform chosen by the parties.
The constant appearance of new technologies also forces the laws to be multi-format, multi-standard, multi-protocol, and multi-algorithm.
Transparency
The big concern many people have when thinking about electronic documents is how easy it initially seems to forge a signature or edit a document. However, the truth is that electronic signatures are extremely secure.
Mexican regulations within the Conservation Certificate service allow us to guarantee the identity of the signatories and the veracity of the document with the use of electronic certificates established in NOM-151.
It is also possible by means of time stamps to verify the exact moment in which the document or signature was generated.
There are many tools that allow verifying the veracity of each of the aspects of an electronic document. Computer law, thanks to its rules and regulations, makes its use extremely safe.
Laws in constant evolution
It is important to understand that regulations, both in Mexico and in the vast majority of countries, are constantly evolving.
This means that the laws on computer law are not final and will be subject to change over time. New technologies will appear that contribute to the practice of law, which is why new norms and new regulations will emerge along with them.
Existing standards are also expected to disappear or be modified based on what tools are used in the future and how they are put into practice. Therefore, it is necessary to be updated on the advances of technology in the field of law in the coming years.
Innovation consists of modifying already existing elements in order to improve them, and this applies perfectly to computer law. These regulations are only in their early stages in many countries and it is expected that with their use and the passage of time, new ways of applying the regulations will be discovered.
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