Is an electronic signature legally valid?
Yes, electronic signatures in Spain are legally valid.
The electronic signature is regulated by Law 6/2020, of 11 November, regulating electronic trust services (“Ley 6/2020“), and Regulation (EU) No. 910/2014 of the European Parliament and of the Council of 23 July 2014 (“eIDAS“) on electronic identification and trust services in electronic transactions in the internal market. It is therefore also valid in all member states of the European Union.
Are there different types of electronic signatures?
Yes, article 3 of eIDAS defines three types of electronic signatures:
- Electronic signature: this is the set of associated data, in electronic format, for signing documents.
Therefore, the electronic signature allows the signatory to be digitally identified with his or her data, but its level of security is very low.
- Advanced electronic signature: an electronic signature that meets the requirements of Article 26 of the eIDAS:
- It is uniquely linked to the signatory.
- It allows the identification of the signatory.
- It uses data, which the signatory can use, with a high level of confidence, under their exclusive control.
- It is linked to the signed data in such a way that it detects any subsequent modification of said data.
This signature presents a higher level of security because it allows the signatory to be identified (with the electronic document), as well as allowing the signature and acceptance to be recorded, in order to avoid any subsequent modification to the document.
- Qualified electronic signature: this is an advanced electronic signature, which is created by means of an electronic signature device and is mainly based on an electronic certificate.
The qualified electronic signature is similar to the advanced electronic signature. The difference is that the qualified electronic signature must be created by an electronic certificate that validates the identification of the signatory, and it must also be issued by a Certification Authority.
What type of signature does idealista use?
The idealista signature is an advanced electronic signature.
- It guarantees the authenticity of the signature and the integrity of the biometric data, thus providing guarantees of the identity of the signatory.
- It guarantees the integrity of the document and temporality, accredits the exact moment at which the document was signed, and is effective in the future.
idealista acts as a provider of non-qualified trust electronic services, in accordance with current regulations. You can consult more information about qualified and non-qualified providers on the Ministry’s website.
What are the legal implications of electronic signatures?
Article 25 of the eIDAS establishes the legal effects and admissibility of electronic signatures as evidence in legal proceedings.
Therefore, an electronic signature of any of the three types mentioned is legally enforceable and admissible under Spanish law.
idealista is not responsible for the use of the electronic signature tool made available to users. Therefore, you can use it at your own risk, bearing in mind that certain acts and documents (such as mortgages or donations) require special formalities for their validity.