The BoldSign mobile app is now available. Visitthis link for more details and give it a try!
The BoldSign mobile app is now available. Visitthis link for more details and give it a try!
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The BoldSign mobile app is now available. Visitthis link for more details and give it a try!
The BoldSign mobile app is now available. Visitthis link for more details and give it a try!
The integration of digital signatures in Spain has markedly enhanced the speed and effectiveness of verifying documents. These electronic solutions facilitate swift and environmentally friendly dealings, cutting down on paper consumption and expediting commercial contracts. It is essential to grasp critical factors when implementing electronic signatures in Spanish operations.
Selecting an electronic signature provider that adheres to both Spanish laws (Law 6/2020 and Law 34/2002) and the E.U.’s regulations on electronic signatures1 (the eIDAS Regulation) is crucial. Compliance with these regulations ensures that digital signatures are legally equivalent to their handwritten counterparts. However, it’s important to note that some documents may still necessitate a physical signature, and legal intricacies can vary; hence, consulting with a legal expert is advisable.
Security remains a paramount concern. Providers of electronic signature services must offer robust security measures, including encryption, user authentication, and audit trails, to prevent unauthorized access and confirm the legitimacy of signed documents. BoldSign, for instance, provides these security features to meet both compliance and safety standards.
In conclusion, electronic signatures are incredibly advantageous and widely recognized in Spain. Nevertheless, adhering to legal requirements, ensuring security, and selecting a user-friendly service are vital to their successful application.
According to Spanish law, an electronic signature is defined as any electronic information that is attached to or logically linked with other electronic data, which the signer uses to execute the signing process. Such signatures are considered legally effective on most documents when they can be clearly linked to the signer and when there is evidence to verify their authenticity, thus maintaining the integrity of the document. Additionally, the signatory’s deliberate intent to agree to the document’s terms must be clear, indicating a conscious assent to the stipulated conditions. When these criteria are met, electronic signatures are afforded the same legal validity as traditional pen-and-ink signatures.
Electronic signatures are considered just as valid as traditional wet-ink signatures; however, their use is subject to specific regulations spelt out in:
The regulation categorizes the signatures into three categories (Law 6/2020 as read with article 3 of the E.U. Regulation No 910/2014):
Standard Electronic Signature means data in electronic form attached to or logically associated with another data in electronic form and which is used by the signatory to sign.
Advanced Electronic Signature is an electronic signature meeting the requirements set out in Article 265. It decrees that Advanced Electronic Signature must be:
This is an advanced electronic signature that is generated using a certified device for creating electronic signatures and relies on an accredited certificate specific to electronic signatures. Article 32 of the E.U. regulation sets out a validation set of standards to be met by the one for a qualified Electronic Signature. These are:
A secure electronic signature must be uniquely connected to the person using it. The signature must be uniquely made with methods only the signer can access, like a private key and confidential info, to verify their identity.
The person using the secure electronic signature must have sole control over the means of creating the signature. Typically, this requires managing a key pair or two-factor authentication, with the signer exclusively holding the private key to prevent signature forgery.
The process used to create the signature must be capable of identifying the person signing. This may include using a biometric signature, a Personal Identification Number (PIN), an email address or even a company registration number.
It is essential to preserve the authenticity of the signed document. Modifications made to the document post-signature should be identifiable. This is commonly accomplished through an audit trail. Audit trails record the signer’s I.P. address, timestamps of key signing events, and location, providing proof of identity, timing, and signature place.
Law 6/2020, regulating certain aspects of trusted electronic services, Law 34/2002 on Information society services and E-commerce, and Regulation (E.U.) No 910/2014 of the European Parliament
| Type of Signature | Unique Features | Legal Validity |
|---|---|---|
| Simple Electronic Signature |
|
|
| Advanced Electronic Signatures |
|
• Validity is dependent on evidentiary weight across jurisdictions. |
| Qualified Electronic Signature |
|
• Deemed valid in jurisdictions across the E.U. |
The use of electronic signatures is not accepted in all documents. as a result, electronic signatures are appropriate for certain types of transactions and applications, while unsuitable for others. An examination of this issue is provided below, along with a concise chart detailing the transactions.
Electronic signatures can be employed to affix signatures and provide countersignatures on a diverse array of documents, such as:
Under Article 25 of the eIDAS10, Qualified electronic signatures are deemed to bear the same legal validity granted to wet-ink signatures as such the following can only be signed in either wet ink signature or qualified electronic signature
Art. 5 of Law 34/2002 on information society services and electronic commerce [as amended in 2020] establishes limitations on the utilization of electronic signatures, indicating that their use is not allowed for the following purposes,
| Permissible transactions | Excluded transactions |
|---|---|
|
|
To guarantee the authenticity of an electronic signature, it is advisable to follow these best practices while also ensuring compliance with all applicable legal requirements:
The following elements of compliance available within BoldSign can be used to comply with Spanish Electronic Signature laws:
Disclaimer: Information on this page is intended to help businesses understand the legal framework of electronic signatures for this particular country.
However, Syncfusion, its officers, directors, stockholders, affiliates, attorneys, accountants, employees or agents cannot provide legal advice. You should consult your own personal attorney regarding your specific legal questions. Laws and regulations change frequently, and this information may not be current or accurate. To the maximum extent permitted by law, Syncfusion provides this material on an “as-is” basis. Syncfusion disclaims and makes no representation or warranty of any kind with respect to this material, express, implied or statutory, including representations, guarantees or warranties of merchantability, fitness for a particular purpose, or accuracy.
Syncfusion makes no warranties of any kind, including but not limited to respect to the information or the product, whether express, implied, statutory or otherwise. To the maximum extent permitted by Law, Syncfusion disclaims all conditions, representations and warranties, whether express, implied or statutory, with respect to this information without limitation any implied warranty of merchantability, fitness for a particular purpose, accuracy or currentness of this information.
Syncfusion nor their officers, directors, stockholders, employees, affiliates, attorneys, accountants or agents shall be entitled to indemnification, express or implied, contractual or statutory, equitable or otherwise, under this agreement. The officers, directors, stockholders, affiliates, attorneys, accountants or agents will not have any liability in any form.
1Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification
and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC. Art 22
(http://data.europa.eu/eli/reg/2014/910/oj)
2Law on certain Legal Aspects for Trust Services for Electronic Transaction No. 6 of 2002
(https://www.wipo.int/wipolex/en/legislation/details/20420)
3
https://www.wipo.int/wipolex/en/legislation/details/20419
4 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification
and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC. Art 22
(http://data.europa.eu/eli/reg/2014/910/oj)
6
Ibid. Art 3(12) and 32
7
Ibid Art 26
8Tiago Tibúrcio, (European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs) [2023] “Rules,
procedures and practices of the right to petition parliaments – A fundamental right to a
process”(https://www.europarl.europa.eu/regdata/etudes/stud/2023/753105/ipol_stu(2023)753105_en.pdf )
9Royal Legislative Decree 1/2007,of 16 November, Approving The Consolidated Text Of The General Consumer And User
Protection Act and Other Complementary Laws. Art. 63 (3)
(https://www.mjusticia.gob.es/es/AreaTematica/DocumentacionPublicaciones/Documents/Consolidated_text_of_the_general
_consumer_and_user_Protection_Act_and_other_complementary_laws_%28Ley.PDF)
10 Regulation (Eu) No 910/2014 Of The European Parliament And Of The Council, S. 4, Art. 25 [ https://eur-lex.europa.eu/eli/reg/2014/910/oj ]
11 Act 16/2011, Of 24 June, On Consumer Credit Contracts. Art. 16 (1)
(https://www.mjusticia.gob.es/es/AreaTematica/DocumentacionPublicaciones/Documents/Act%2016-
2011%2C%20of%2024%20June%2C%20on%20Consumer%20Credit%20Contracts.pdf )
12Law 39/2015, of October 1, of the Common Administrative Procedure of the Public Administrations. Art. 10 (https://afyonluoglu.org/PublicWebFiles/Reports/PDP/2015%20Spain-Law%2039-
2015%20Common%20Administrative%20Procedure%20of%20PA.pdf )
13 Law 40/2015, of October 1, on the Legal Regime of the Public Sector.Art. 40 (1) & 45
(https://www.wipo.int/wipolex/en/text/506843)
14Royal Legislative Decree 4/2015 of 23rd October approving the consolidated text of the Securities Market Act. Art. 214
(6) (https://www.cnmv.es/docportal/legislacion/realdecre/rld_4_en_rev.pdf )
15 Act 14/2014, Dated 24th July, on Maritime Navigation, Additional provision three,
(https://www.mjusticia.gob.es/es/AreaTematica/DocumentacionPublicaciones/Documents/Act_14_2014__dated_24th_july__
on_Maritime_Navigation_%28Ley_de_Navegacion_Maritima%29.PDF )
16 Royal Decree 84/2015 of 13 February 2015 implementing Law 10/2014 of 26 June 2014 on the regulation, supervision
and solvency of credit institutions. (Boletín Oficial del Estado of 14 February 2015). Art. 23 (4) (b) (2)
(https://www.bde.es/f/webbde/INF/MenuHorizontal/Normativa/eng/RD.84.2015_en.pdf )
17 Ibid. Art. 25 (3)
18 Ibid. Art. 21(3)
19 Civil Code. Art. 688, 707 (https://www.icj.org/wp-content/uploads/2013/05/Spain-Spanish-Civil-Code-2012-eng.pdf )
20 Ibid Art. 51
21Ibid Art. 81 & 82
22Civil Code. Art. 1008 (https://www.icj.org/wp-content/uploads/2013/05/Spain-Spanish-Civil-Code-2012-eng.pdf )
23 Ibid Art. 1216
24 Ibid Art. 51
25lbid Art. 81 & 82