With the guarantee of
EU electronic signature law
efirma GO fully complies with this legislation
Electronic signatures are legally valid in the EU, as defined
in the Regulation of electronic identification, authentication
and trust services (eIDAS).
Current legislation of the electronic signature
What is the eIDAS Regulation?
In the European Union, electronic signatures receive legal recognition through Regulation (EU) No. 910/2014, more commonly known as the eIDAS Regulation.
The eIDAS Regulation entered into force on July 1, 2016. It is mandatory for all EU member states and takes precedence over any existing national laws.
LEGAL CHARACTERISTICS OF THE ELECTRONIC SIGNATURE
La Electronic signature It is one that is made up of a set of electronic data associated with an online document, whose objective, like the handwritten signature, is to identify the signatory unequivocally and show the intention of the signatory to accept the content of the signed document. These documents are fully valid at a legal level and are considered documentary evidence in court.
An advanced electronic signature is a basic electronic signature that meets the following requirements:
- Be uniquely linked to the signer
- Allow to identify the signer.
- Have been created using electronic signature creation data that the signatory can, with a high level of confidence, use under their exclusive control.
- Be linked to the signed data in such a way that any subsequent changes to the data are detectable.
The regulation defines a simple electronic signature as data in an electronic format that is attached to or logically associated with other data in an electronic format and is used by a signatory to sign. That is, it is an electronic form of a signature that a signatory applies to a document as evidence of their intention to sign.
A qualified electronic signature is an advanced electronic signature that has been created by a qualified electronic signature creation device and is based on a qualified certificate for electronic signatures. A qualified certificate is a certificate issued by a Trust Service Provider (TSP) that is on the EU Trusted List (ETL). Each EU member state can add TSPs to the ETL by certifying that they comply with the strict regulations outlined in the eIDAS Regulation.
Are electronic signatures legally valid?
The eIDAS Regulation establishes: "An electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely because it is an electronic form."
The CSV code that incorporates each document together with its signature certificate ensures the traceability and inalterability of the document. With time stamping and biometric data, its uniqueness and impossibility of modification are guaranteed.
The signature certificate is an audit of the signature process that is accessible to the signatories for a period of at least 5 years, guaranteeing the legal validity of the signature and collecting all the data for expert evidence.
Integrity guarantee, through private certificate
of the FNMT, time-stamped by the service provider
qualified trusted electronic services
(ACCV) and encryption of biometric data.
The efirmaGo system guarantees the integrity of the documents signed by means of an electronic signature with a private certificate (generated by the FNMT) and stamped (time stamp) by a qualified trusted electronic service provider (Electronic Technology and Certification Agency-ACCV ). The signer is uniquely identified by collecting the biometric data of his or her handwritten signature (stroke speed, position and time) and other variables specific to the context in which it was carried out... Along with the biometric data, a HASH (summary) of the document is attached and the encryption is carried out in such a way as to guarantee that they have not been manipulated or extracted from another document.
Law 6/2020, of November 11, regulating trusted electronic services (LSEC) and whose fundamental part is the regulation of certain aspects of electronic signatures, such as the figure of the trusted third party or qualified services. All identification, signature and electronic seal systems provided for in Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations, and in Law 40/2015, of October 1, on the Legal Regime of the Sector Public, will have full legal effects.
The electronic signature process efirma GO
has been designed and developed in compliance
with the EU eIDAS Regulation and the
Law 6/2020 (LSEC)
The documents are cryptographically signed and the signatories are identified by different means, respecting the defining characteristics of a legal electronic signature: guaranteeing the integrity of the document and the identity of the signatory.