E-signature Legality in Spain
A member of the European Union, Spain has used the eIDAS Regulation (Regulation (EU) No 910/2014) since 2014 as the law that governs electronic signatures. However, it has recognized e-signatures since 2003, after the enactment of the Electronic Signature Act, which aligned with the EU Directive 1999/93/EC.
The eIDAS Regulation established the conditions Spain and other EU countries must meet to make e-signatures legally valid. The law also stipulates the requirements that trust services must meet in terms of creation devices and the certificates issued.
The most secure e-signature (Qualified Electronic Signature) is considered similar to a handwritten signature if the service provider meets all the specifications. To be recognized by the EU, e-signatures must meet the following standards:
- The signatory must have the intent to sign and must be uniquely identified once they sign.
- All parties must agree to use e-signatures.
- The content in the document must remain unchanged once it’s signed.
- The method you choose must be the best option for the intended purpose and circumstances.
- The e-signatures must meet all the regulations to ensure cross-border recognition and enforceability in court.
In addition to the eIDAS Regulation, Spain has Law 6/2020 of November 11, which implements the eIDAS laws and further breaks down the use of e-signatures in private sector agreements and public administration. Do not hesitate to talk to a legal professional for further guidance.
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