Last Thursday, November 12, the new law on electronic trust services was published in the BOE (law 6/2020 regulating certain aspects of electronic trust services).
Its major task is to adapt Regulation (EU) 910/2014 to the Spanish legal system regarding electronic identification and trust services for electronic transactions, (eIDAS Regulation) in those aspects that are not harmonized and whose development is foreseen in the legal systems of the member states.
For let us not forget, that the main legal framework for the provision of trust services is the eIDAS Regulation, which provides another still-point for the provision of trust services and in turn, provides greater legal confidence to our clients and users.
Let us see the key points for the services provided by Lleida.net:
- Legal effects of electronic documents. They are given the legal value and effectiveness that corresponds to their nature, referring to the Civil Procedure Law for the articulation of the evidence. Lleida.net issues a PDF documentary evidence attesting the events of the entire process being certified at the request of its clients, so it is considered an electronic document. On a trial basis it will be different depending on whether it is a qualified or unqualified service:
- If the electronic document is related to a qualified service, it is granted legal presumption regarding the characteristics needs, so that in the event of dispute, the burden of proof will correspond to the party that has filed been disputed. Lleida.net has qualified services such as Openum eIDAS. Click on the link to view the eIDAS trusted list.
- In the event that the electronic document is related to an unqualified service, in case of dispute it will be the concerned party to prove the effectiveness of the electronic document. In the following link of the Ministry of Economic Affairs and Digital Transformation you can find the unqualified services provided by Lleida.net
- Law 59/2003 on electronic signature and article 25 of Law 34/2002 on services of the information society are repealed. In the latter, the intervention of trusted third parties was established for the filing of declarations in data format within the framework of electronic contracting. Both have been superseded by the provisions of the eIDAS Regulation and this Law.
- Information security: the new Law affects the security obligations that trust service providers must maintain by adopting the necessary measures. In this context, I would like to recall that Lleida.net obtained in 2015 the ISO 27001 certificate standard, a specification for an information security management system which serves to ensure compliance with these obligations, allowing it to strengthen the commitment it has with the information that it manages on behalf of its clients on security.
The Law entered into force last Friday, November 13, and as a provider of qualified and unqualified trust services, we firmly believe in the framework of trust and legal security that the Law establishes for the provision of our services and also to provide it to our customers.
Chief Compliance Officer
Legal Practice Graduate at UAB Master in Law and New Technologies by ESADE and Law degree from the UAB. CESCOM® Compliance Certification.