1. Electronic document signed with qualified electronic signature (QES as defined in the eIDAS Regulation) and with a time stamp | Yes, according to art. 3.4. of the Spanish Electronic Signature Act 59/2003 ("ESA"). This signature is equal to a handwritten signature and has the same binding force. |
---|
2. Electronic document signed with qualified electronic signature (QES as defined in the eIDAS Regulation) without a time stamp | Yes, according to art. 3.4. of the ESA. This signature is equal to a handwritten signature and has the same binding force, whether it has a time stamp or not (except in legal statements to be submitted before Public authorities). |
---|
3. Electronic document signed with advanced electronic signature (AdES as defined in the eIDAS Regulation) and with a time stamp | Yes, according to art. 3.4. of the Spanish Electronic Signature Act 59/2003 ("ESA"). This signature has the same binding effect, however parties may discussed the authenticity of the signature, and provide evidence before a Court. Obviously, the sort of evidence needed to detroy an AdES should be stronger than that need against a simple electronic signature. |
---|
4. Electronic document signed with advanced electronic signature (AdES as defined in the eIDAS Regulation) without a time stamp | Yes, according to art. 3.4. of the Spanish Electronic Signature Act 59/2003 ("ESA"). This signature has the same binding effect, however parties may discuss the authenticity of the signature, and provide evidences before a Court. Obviously, the sort of evidence needed against an AdES without a time stamp should be stronger than that needed against an AdES with a time stamp. |
---|
5. Electronic document signed with advanced biometric signature | Yes. The ESA does not differentiate between adavanced biometric signatures and AdEs. The use of advanced biometic signatures does not jeopardize the legality and binding character of the content of the e-document. However,the parties to such document may challenge that the signature was provided by the actual signee (depending on the circumtansces, this may be a criminal offence and would end in finding that the document does not bind the parties). |
---|
6. Electronic document signed with a simple, standard electronic signature (SES) | Yes. The ESA does not differentiate between adavanced biometric signatures and AdEs. The use of advanced biometic signatures does not jeopardize the legality and binding character of the content of the e-document. However parties to that document may challenge that the signature was provided by the actual signee, in an more simplistic way than advanced biometric, AdES or QES. Moreover, depending on the circumtansces, this may be a criminal offence and would lead to a finding that the document does not bind the parties. |
---|
7. Scanned electronic version of the original paper-based document with handwritten signature sent as an attachment in ordinary e-mail without an electronic signature, but with standard e-mail signature panel | Yes. This signature may be considered as a SES. The content of the document shall still be fully binding on the parties, unless one of the parties challenges the authenticity and/or integrity of the signature together with the proper evidence also challenging the email sender. |
---|
8. Legal statement sent as a text of an ordinary e-mail without an electronic signature, but with a standard e-mail signature panel | Yes. This signature may be considered as a SES. The content of the document shall still be fully binding on the parties, unless one of the parties challenges the authenticity and/or integrity of the signature together with a proper and sufficient evidence challenging also the email sender. |
---|
9. Legal statement sent in an SMS | Yes. This signature may be considered as a SES. The content of the SMS shall still be fully binding on the parties, unless one of the parties challenges the authenticity and/or integrity of the identity of the SMS sender by providing proper and sufficient evidence. |
---|
10. Electronic document with a copy-pasted image of a handwritten signature, sent as an attachment of an ordinary e-mail | Yes. This signature may be considered as a SES. The content of the document shall still be fully binding on the parties, unless one of the parties challenges the authenticity and/or integrity of the signature by filing proper and sufficient evidence challenging (i) the email sender and/or (ii) the attachment. |
---|
11. Electronic document with the typed name of the signer and sent as an e-mail attachment | Yes. This signature may be considered as a SES. The content of the document shall still be fully binding on the parties, unless one of the parties challenges the authenticity and/or integrity of the authorship of the document by filing proper and sufficient evidence challenging (i) the email sender and/or (ii) the attachment. |
---|
12. Electronic legal statement sent in a social-media message sending application (e.g. Messenger, Viber, LinkedIn, Facebook message, etc.) | Yes. This might have equivalent effects to a SES. The content of the social-media message shall still be fully binding on the parties, unless one of the parties challenges the authenticity and/or integrity of the identity of social -media user by providing proper and sufficient evidence challenging the identity of the social-media user and/or authorship of the message. |
---|
13. Electronic legal statement sent in a chat application | Yes. This might have equivalent effect to a SES. The content of the social-media message shall still be fully binding on the parties, unless one of the parties challenges the authenticity and/or integrity of the identity of chat app user by providing proper and sufficient evidence challenging the identity of the chat app user and/or authorship of the message. |
---|
14. Electronic document created on an electronic platform ensured by the other party requesting the legal statement (without an electronic signature) by another party whom the operator of the platform granted access | Yes. This might have equivalent effect to a SES. The content of the document shall be fully binding on the parties, unless one of the parties challenges the autheticity and/or integrity of the identity of platform user by providing proper and sufficient evidence challenging the identity of the platform user. The fact that the platform has been established as system for users to access the platform should be considered when assesing the evidence provided. |
---|
15. Electronic document signed in DocuSign/Adobe Sign with a simple standard electronic signature (no QES or AdES) | Yes. This signature may be considered as a SES. The content of the document shall be fully binding on the parties, unless one of the parties challenges the autheticity and/or integrity of the signature by filing proper and sufficient evidence challenging the identity of the parties to the document. |
---|
16. Electronic document signed with a qualified electronic seal as defined in the eIDAS Regulation | Yes. This document is fully binding on the parties, and according to the law it has full recognition of validity and integrity, therefore a court should consider it as a iuris et de iure evidence. |
---|
17. Agreements accepted by the other party online, by ticking a checkbox or by clicking on a button ("click on agreements") | Yes. This might have equivalent effects to a SES. The content of the agreement shall be fully binding on the parties, unless one of the parties challenges the authenticity and/or integrity of the identity of the signing party by providing proper and sufficient evidence challenging the identity of the signee. |
---|
Social Media cookies collect information about you sharing information from our website via social media tools, or analytics to understand your browsing between social media tools or our Social Media campaigns and our own websites. We do this to optimise the mix of channels to provide you with our content. Details concerning the tools in use are in our privacy policy.