The legal validity of registered electronic communications (4/4)

EIDAS Regulation- Trusted services in electronic transactions and certification services

The EIDAS Regulation comes on the initiative of the European Commission and since its entry into force on 1 July 2016, the Spanish law on electronic signatures remains in force, although it is very likely to be updated in the future to adapt to the regulatory changes that the eIDAS regulation establishes. The new EIDAS Regulation contains a closed list of trusted services, in order to delimit the scope of the European standards.

EIDAS establishes as trusted services the following:

  • Electronic signature
  • Time stamping
  • Electronic seal
  • Electronic registered delivery
  • Website authentication

In general, there are two levels of trusted services:

  • Ordinary level, scarcely regulated
  • Qualified level, controlled based on a strong regulatory model prior checking by the supervisor (in Spain, SETSI), for qualified trust service providers (QTSP) .

Diagram1 : Trusted service levels

eIDAS and Connectaclick in the new regulatory framework

Connectaclick, the electronic contracting service by, arises from the combination of the various services of certification of communications and allows to certify the different electronic operations carried out during a signing process.

These electronic transactions are considered CERTIFIED ELECTRONIC DELIVERY SERVICES or E-DELIVERY.

E-DELIVERY services allow the transmission of data between third parties by electronic means and provide evidence related to the management of transmitted data, including proof of sending and receiving of data, as well as protection of transmitted data against the risks of loss, theft, deterioration or unauthorized alteration.

Qualified certified electronic delivery services enjoy the presumption of data integrity.

This data is:

  • Sending the data by the identified sender
  • Receipt by identified recipient
  • Accuracy of the date and time of delivery
  • Reception of the data indicated by the service is working to obtain the qualification in specific services of E-DELIVERY.  There is currently no qualified E-DELIVERY service provider (although there is for other trusted services, such as electronic signature).

In any case, as before mentioned, it is necessary to consider that the regulation eIDAS establishes in its article 25:

“Art. 25) No legal effect or admissibility shall be denied as evidence in judicial proceedings to an electronic signature simply because it is an electronic signature or because it does not meet the requirements of the qualified electronic signature.

Therefore, now, we can state that’s electronic contracting solutions comply with the criteria established by the eIDAS Regulation, to be considered a consistent tool for signing and closing on-line contracts, even though no service currently has the status of “qualified level”.

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