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The legal validity of registered electronic communications (3/5)

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The evidence provided by Lleida.net is subject to the civil procedural lae of each legal order, in charge of developing the probative value of the evidence. On the other hand, electronic signature legislation (national and European) must also be taken into account, since the certificate issued by Lleida.net incorporates its electronic signature and time stamp.

Lleida.net orders a legal report prior to the start of the activity in each country  where the service is provided.

In Spain, the implementing regulations are:

  • General Telecommunications Law (article relating to providers of electronic communications services).
  • Law on Information Society Services and Electronic Commerce (article regarding the figure of “third trusted party”, the electronic document as proof and the moment of consent in electronic communications).
  • Civil Procedure Law (regarding the assessment of evidence in private document, in relation to electronic documents).
  • Law on Electronic Signature (regarding the effects of the recognized and advanced electronic signature).
  • eIDAS Regulation- Trusted services in electronic transactions and certification services.

Standards to which Lleida.net certificate is subject to

The certificate constitutes evidence of a private nature, an evidence, surrounded by technological security measures aimed at guaranteeing the authenticity and integrity of its contents. The mechanics of collecting the evidence is only and exclusively carried out in the control environment of Lleida.net, with an Information Security Management System certified in ISO 27001: 2013. All the information is recorded in a document, digitally signed with a qualified signature, and a time stamp from a Certification Authority included. This document is stored securely in accordance with the criteria of the Information Security Management System.

 Notification services

 Provision of notification.

How do you link individuals who have issued and / or received an electronic communication certified by Lleida.net?

Article 28.2 of the LSSICE states that “it is deemed to have been received and confirmed when both involved parties have record of it. If reception is confirmed by acknowledgement of receipt, it will be presumed that the recipient has the aforementioned evidence since it has been stored on the server where his email account is or in the device used to receive the communication”.

Therefore, the evidence that prove the constancy of registered notifications are:

  • Registered SMS
    • Proof of delivery to the phone number ( operator and handset)
  • Registered email
    • Email Proof of delivery in a email server
  • Registered email with confirmation of opening ( busines name Openum:)
    • Email Proof of delivery in a email server.
    • Proof of email opening ( if the link provided in the communication is clicked)
    • Identification of the IP from which the web page has been opened with the content of the communication.

CONTRACTING OF SERVICES

Identification of signatory parties.

How do you link individuals who have issued and/or received an electronic communication certified by Lleida.net?

As for the identification of the signatory, only the recognized electronic signature is equivalent to the handwritten signature for legal purposes. However, this does not imply that any other type of electronic signature does not generate legal effects, as set out in the standards.  The signatures collected through this solution (Connectaclick) are considered as “Advanced Electronic Signature” within the framework of the Electronic Signature Law, by complying with the requirements established in Article 3.2 of said standards.

Art. 3.2) Advanced electronic signature is the electronic signature that identifies the signer and detects any subsequent changes to the signed data, which is linked to the signatory in a unique way and to the data to which it refers and which has been created by means that the signer Can keep under its exclusive control “.

Therefore, Lleida.net allows the collection of different documentary evidence. The more number of documentary evidence (eg telephone number, email address, IP address, identity document, videoconference …), the bigger linkage with sender thus providing an  evidential strength to the certificate issued as proof of the existence of such communication.

In case of the contracting solutions, the documentary evidence collected depend on the type of signature that is made, among others it is possible to collect the following:

  • Email Proof of delivery in a email server.
  • Proof of email opening (when the link provided in the communication is clicked)
  • Identification of the IP from which the web page has been opened with the content of the communication.
  • Accreditation of the actions carried out by the signer on the webpage:
    • Insert signature
    • Upload documentation
    • If there is signature with OTP:
      • Send the OTP by SMS OTP Proof of delivery to the phone number ( operator and handset)
      • Entering the OTP in the web page

Likewise, it is important to note that since July 1, 2016, the eIDAS Regulation – Trusted Services in Digital Transactions and . Article 25 of the eIDAS regulation says,

“An electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements for qualified electronic signatures. “

 

 

Sofía Gazo
Chief Sales Officer for Spain

BSc Degree in Environmental Sciences from Universidad Rey Juan Carlos I (URCJ) and currently taking an ADVANCED Programme in Sales Management, (ESIC).

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