This is a signature that has, with regard to the data set forth in electronic form, the same legal status as a handwritten signature in relation to the data set forth on paper.
In all the member states of the EU, the common legal framework is Regulation (EU) No 910/2014 of the European Parliament and of the Council, applicable since 1 July 2016. In Spain, the basic rule is the Electronic Signature Act 59/2003, of 19 December, to which many different modifications have been applied to adapt it to the European standard.
A qualified electronic signature is an advanced electronic signature which has been created using a qualified electronic certificate, using a qualified signature creation device.
An advanced electronic signature must guarantee:
- Non repudiation.
- The identity of the signatory.
- The integrity of the signed data.
Requirements that have legal and technical scope.
For a novice in the subject (that is, for over 90% of people) all the above can be summarized by stating that an electronic signature can have the same legal status as a handwritten signature, but that certain legal and technical requirements have to be fulfilled. Attempting to go into more depth generally causes more confusion rather than providing clarity.
The question you have to ask yourself is not how must it be done or what tools have to be used, but who is an officially accredited entity that can provide us with those tools and assume the legal responsibility attached to using them. Otherwise, you are running the risk of falling into the hands of vendors of “snake oil” who, relying on the lack of general awareness, base their business opportunities on supplying ingenious and sophisticated solutions whose legal basis goes no further than the mere illusion they are selling. Detecting them is easy, as what they offer is based on referring to who uses them as opposed to referring to the legal standard they comply with and the financial liability they assume.
In view of this situation, the European Parliament and the Council have created the EU trust mark (Commission Implementing Regulation (EU) 2015/806 of 22 May 2015), which makes it possible to identify simply, recognisably and clearly qualified trust services, and determines that only Qualified Trust Service Providers can make use of it.
The strategic alliance between PAPYRUM & ANF AC offers a global solution with the EU trust mark.
Papyrum’s KULTEO online platform guarantees accessibility, high availability and mobility on any device. With this platform, users can sign a document electronically with total reliability and legal validity, avoiding the traditional channels of printing, signing and scanning.