We are increasingly carrying out transactions essential to our day-to-day life online: moving from one electricity supplier to another, opening a bank account, taking out an insurance policy, etc.
New technologies have revolutionised the legal arena, especially in the field of evidence, leading to the so-called “Electronic Evidence”.
Therefore, should a conflict arise, we will have to rely on all the evidence that supports our request, and we will have to manage documents and files in electronic format accordingly. Here we analyse the effectiveness of electronic evidence and how Lleida.net, as a provider of digital evidence services, may assist you in safeguarding your rights and interests.
Definition
Article 299.2 of the Civil Procedure Law, under the section “Means of evidence”, the different means of evidence admitted in law are detailed, these being Average as “the means of reproduction of words, sounds and images, as well as the instruments permitting the filing and knowing or reproducing words, data, figures and mathematical operations carried out for accounting or other purposes […]
Regulation (EU) No 910/2014 of the European Parliament and the Council states that an electronic document is defined as: “Any content stored in electronic form, in particular text or sound, visual or audiovisual recording.”
Article 26 of Organic Law 10/1995 of 23 November 1995 on the Criminal Code sets out the definition of a document with probative value:” Under the Criminal Code, it is considered to be a document any material support that expresses or incorporates data, facts or narratives with evidentiary or any other type of legal relevance.
Given the digital nature of the evidence, it cannot be manipulated, and modifications are difficult to detect. Acting as a trusted service provider, as Lleida.net is, may help prevent the challenges explained below.
Obtaining evidence
LLEIDA.NET’s acting as a Trusted Service Provider provides lawfulness in obtaining evidence without infringing fundamental rights or freedoms and monitors the communications in which it intervenes by compiling the evidence generated during the process: the sender, the recipient, date and time of sending, date and time of delivery, the content of the text, attachments, as well as the technical details included in the evidence of the transaction (metadata).
Custody of evidence
LLEIDA.NET is involved from the initial communication and preserves the evidence in PDF format with all the information collected during the process (including the hidden data describing the content – metadata – which is automatically stored in the files).
Evidence is automatically signed with a digital certificate and sealed with a timestamp, guaranteeing the authenticity, tamper-proofing, date and time, integrity and reliability of the content and attachments, preventing subsequent unauthorised modifications, substitutions or destruction of the evidence.
Furthermore, LLEIDA.NET stores the evidence for at least 5 years in the same systems in which it was generated, free of charge and renewable, guaranteeing the preservation of the evidence, its usability and availability, generating persistent or non-volatile evidence.
Provision of evidence
Evidence generated by LLEIDA.NET shall be incorporated into the procedure as digital evidence while complying with the lawfulness principles of its collection and the non-infringement of rights.
Unfortunately, it is still common practice for them to be submitted via screenshots or printed emails, thus making them more easily disputed as they do not meet the guarantees offered by trust services.
Trusted vs qualified trusted services
LLEIDA.NET as a trust service provider according to Regulation (EU) 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 (eIDAS) offers qualified and non-qualified services.
Qualified trust services supplied by LLEIDA.NET enjoy a reputation of authenticity according to the provisions of art. 326.4 of the Civil Procedure Act.
LLEIDA.NET and inDenova are listed as qualified providers of trustworthy electronic services in Spain, providing the following qualified services:
- Qualified electronic registered delivery service
- Openum eIDAS is Lleida.net qualified electronic registered delivery service complying with eIDAS Regulation
- Qualified electronic signature certificates issuing service
- Qualified electronic certificates of electronic signature for legal persons
- Qualified electronic certificates of electronic signature belonging to an entity
- Qualified electronic certificates of electronic signature for legal agents
- Qualified electronic Stamps certificates issuing service
- Service for issuing qualified electronic time stamps issuing qualified electronic time stamps
- Qualified electronic signature validation service of qualified electronic signatures
- Qualified electronic signature validation service of qualified electronic signatures
Disputing the evidence
The other party may challenge the authenticity of the evidence: The recipient of the message, the actual author of the message, the integrity and authenticity of the message (date, content, etc.) and the data contained in the message has not been tampered with.
In a dispute over qualified trust services, the burden of proof is on the challenging party, and therefore there is a shift in the evidentiary burden of proof. If the verification has been carried out and admitted, the costs, expenses, and fees arising from the verification shall be borne exclusively by the party who has filed the dispute. Likewise, according to the provisions of art. 326.4 of the Civil Procedure Act, the court may impose a fine of between 300 and 1200 euros if the challenge is reckless.
In legal proceedings where evidence has been challenged, the interested party may request the testimony of LLEIDA.NET as a documentary witness, free of charge.
Using LLEIDA.NET’s services adds value by providing confidence and security to electronic transactions, providing full legal guarantees with probative value, optimising processes, enhancing customer experience, reducing environmental impact, cutting costs and bringing digital transformation closer to society.