Regulations Applicable to the electronic signature:
EU eIDAS Regulation No. 910/2014 of July 23
This regulation establishes a legal framework for electronic identification and trust services for electronic transactions in the European Union. The purpose of this regulation is to create a single digital market for the European Union, which guarantees the interoperability of electronic identification systems and trust services throughout the Zone.
There are 3 types of electronic signatures that are recognized in the European Union:
Simple electronic signature: This is a signature that is based on data in electronic form associated with the signatory and that is used to identify the signatory in relation to the signed document. This signature does not have a sufficient level of security.
Advanced electronic signature: is an electronic signature that is created by a secure electronic signature creation device and is uniquely linked to the signatory. In addition, it allows detecting any change in the signed document after signing. This type of electronic signature has a high level of security.
Qualified electronic signature: it is the type of electronic signature that offers the highest level of security and is used mainly in high-value operations and transactions. To create a qualified electronic signature, a secure electronic signature creation device and a qualified certification issued by a qualified trust service provider are required, which are exhaustively established on the website of the Ministry of Economic Affairs and Digital Transformation of the Government of Spain. .
Law 6/2020 of November 11
Law 6/2020, of November 11, regulating certain aspects of electronic trust services, establishes the legal framework for electronic trust services in Spain and adapts Spanish regulations to Regulation (EU) No. 910/2014 of Parliament Council and Council of July 23, 2014, on electronic identification and trust services for electronic transactions in the internal market (eIDAS Regulation).
Civil prosecution law
Article 326 of the Civil Procedure Law establishes the legal framework for the use of electronic documents in a judicial process. In particular, it establishes that the electronic copy of a document will have the same validity as the original provided that its authenticity and the integrity of its content are guaranteed through the use of an advanced electronic signature, an electronic seal, a fingerprint or other technological means. equivalents.
In this sense, the Civil Procedure Law recognizes the validity and legal effectiveness of the electronic signature, establishing its legal equivalence to the handwritten signature. For this, the requirements are established so that an electronic signature has the same validity as a handwritten signature, demanding that it comply with the requirements established in the applicable regulations.
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