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Regulation
Legislation
The provision of qualified timestamping services and trust services in general in Spain and the European Union is mainly regulated under Regulation (EU) No. 910/2014, otherwise known as the eIDAS Regulation. This regulation establishes a legal framework for trust services, including electronic signatures, electronic ID and qualified timestamping services.
eIDAS Regulation:
The eIDAS Regulation aims to provide a harmonized legal framework for trust services in the EU. It establishes detailed requirements for trust service providers, as well as the associated responsibilities and obligations. Qualified timestamping services are defined in article 3 (16) and are regulated under Chapter IV of the eIDAS Regulation.
Law 6/2020:
This law aims to bring Spanish legislation into line with the framework contained in the eIDAS Regulation and establishes the specific requirements and conditions for the provision of trust services in Spain. Its provisions regulate the accreditation of trust service providers, their responsibilities and obligations, and the penalties applicable in the event of noncompliance.
PFor more information on the regulation of qualified timestamping services and other trust services in Spain and the European Union, we recommend consulting the following sources:
1. European Union Agency for Cybersecurity (ENISA): https://www.enisa.europa.eu
2. The Spanish National Accreditation Body (ENAC): https://www.enac.es
3. Spanish Ministry of Economic Affairs and Digital Transformation: https://www.mineco.gob.es
Legislation regulating the legal effects of electronic documents
Law 6/2020, of November 11, 2020, regulating trust services, regulates the legal effects of electronic documents and their relationship with other elements of the Spanish legal system. In particular, article 3 of Law 6/2020 establishes the legal effects of electronic documents in relation to electronic signatures, electronic seals, electronic registered delivery services and qualified timestamping services.
As regards the relationship with Spanish Civil Procedure Law 1/2000, articles 299 and 326 are particularly relevant when it comes to understanding the validity and treatment of electronic documents in the civil justice system. Article
299 refers to the validity of public and private documents, while article 326 deals with the importance of the reversal of the burden of proof where evidence has been generated using eIDAS-compliant qualified trust services.
Article 299 of the Spanish Civil Procedure Law:
Article 299 establishes the requirements for public and private documents to be used as proof in civil proceedings. In the case of electronic documents, they must meet the authenticity and reliability requirements stipulated by the law. Law 6/2020 and the eIDAS Regulation establish a framework to guarantee the security and authenticity of electronic documents through the use of qualified electronic signatures and seals.
Article 326 of the Spanish Civil Procedure Law:
Article 326 establishes the reversal of the burden of proof in the case of qualified services recognized in the eIDAS Regulation. In general terms, the burden of proof falls to the party making an allegation of fact. However, if the evidence has been certified using qualified trust services, the other party must prove that the electronic document is not authentic or reliable if they wish to challenge its validity. This means that, in principle, electronic documents backed by qualified trust services enjoy a presumption of validity and authenticity in civil proceedings.
In short, Law 6/2020, in accordance with the eIDAS Regulation, establishes a legal framework that grants a presumption of validity and authenticity in the civil justice system to electronic documents backed by qualified trust services, in accordance with articles 299 and 326 of the Spanish Civil Procedure Law. This reinforces legal certainty in the use of electronic documents and trust services in Spain.