Spain: legal requirements and validity of electronic signatures

This article explores the legality of electronic signatures in Spain, the relevant laws, standards, and conditions, and addresses common questions regarding their use.

Main laws governing electronic signatures in Spain

The legality of electronic signatures in Spain is primarily governed by the eIDAS Regulation (Regulation (EU) No 910/2014), which provides a standardised legal framework for electronic identification and trust services across the European Union. This regulation establishes the conditions under which electronic signatures are legally recognised in Spain and the rest of the EU. You can find the full text of the Regulation here. 

In addition to eIDAS, Spain has its national legislation, Law 6/2020 of November 11, regulating certain aspects of trusted electronic services. This law complements the eIDAS regulation and further clarifies the use of electronic signatures, particularly in the context of public administration and private sector agreements. You can find the full text of the law here. 

These laws establish the framework for electronic signature use and recognition in Spain, aligning with European Union standards.

Electronic signature law in Spain: types and legal standing

The Spanish electronic signature law recognises three types of electronic signatures:

1. Simple electronic signature (SES): The most basic form of electronic signature, which includes any data in electronic form that is attached to or logically associated with other electronic data. While SES is legally recognised, its validity might be questioned if not adequately secured.
2. Advanced electronic signature (AES): This type of signature is uniquely linked to the signatory, capable of identifying the signatory, and created using electronic signature creation data that only the signer can use. It also ensures that any changes made to the document post-signature can be detected.
3. Qualified electronic signature (QES): The most secure form of electronic signature, equivalent to a traditional “wet ink” signature under Spanish law. QES requires the use of a qualified electronic signature creation device and a certificate issued by a qualified trust service provider.

Each type has different legal weight and security levels. While SES may be sufficient for low-risk transactions, AES or QES are required for more sensitive agreements, particularly in regulated industries.

Electronic signature law in Spain: standards and conditions

For an electronic signature to be legally binding in Spain, it must meet certain standards and conditions:

1. Identification: The signatory must be uniquely identifiable.
2. Intent to sign: The signatory must have the intention to sign the document electronically and be bound by its terms. 
3. Consent: All parties involved must agree to use electronic signatures.
4. Integrity: The document’s content must remain unchanged after signing. Any alterations must be detectable, ensuring the integrity of the signed document.
5. Control: The method used to create the electronic signature must be under the sole control of the signatory.
6. Attribution: The signature must be attributable to the signatory.
7. Reliability: The method used for signing must be sufficiently reliable, considering the purpose and circumstances.
8. Association with the document: The electronic signature must be logically associated with the document.
9. Compliance with EU standards: Electronic signatures must align with the EU standards outlined in the eIDAS Regulation, ensuring cross-border recognition and legal enforceability.

Qualified electronic signatures, which offer the highest level of security, are legally equivalent to handwritten signatures in Spain. They must meet the following additional requirements to be legally binding:

10. Certification by trusted service providers: It must be accompanied by a qualified certificate issued by a trusted service provider. 
11. Use of secure signature creation devices: The signature must be created using a secure signature creation device, ensuring the confidentiality and integrity of the signing process.

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Find out more about eSignature laws in Europe:

• Legal requirements for eSignature in Austria
• Legal requirements for eSignature in Belgium
• Legal requirements for eSignature in France
• Legal requirements for eSignature in Germany
• Legal requirements for eSignature in Gibraltar
• Legal requirements for eSignature in Greece
• Legal requirements for eSignature in Ireland
• Legal requirements for eSignature in Malta
• Legal requirements for eSignature in Portugal
• Legal requirements for eSignature in Switzerland
• Legal requirements for eSignature in the UK

Circumstances where an electronic signature may not be valid in Spain

While electronic signatures are widely accepted in Spain, there are some situations where they may not be valid. These include:

1. Lack of adequate authentication: If the electronic signature does not adequately authenticate the signatory's identity, it may be deemed invalid.
2. Non-compliance with specific industry regulations: Certain industries, such as finance and healthcare, may require a higher standard of electronic signature (e.g., QES). Failure to meet these standards could render the signature invalid.
3. Improper use of SES: Simple electronic signatures may not be sufficient for high-value contracts or transactions involving sensitive information. In such cases, the lack of a stronger form of signature (AES or QES) could invalidate the agreement.
4. Disputes over signatory’s intent: If there is a dispute over whether the signatory intended to be bound by the electronic signature, the signature could be challenged in court.
5. Specific legal requirements: Certain legal documents, such as wills, property deeds, and marriage contracts, may require handwritten signatures or notarization.
6. Government-related documents: Specific government forms or applications might require traditional handwritten signatures.

Recent court decisions on electronic signatures in Spain

Spanish courts have generally been supportive of electronic signatures, recognising their role in facilitating digital transactions and modernising legal processes. Recent court decisions have further clarified the legal standing of electronic signatures in Spain, providing more guidance on their proper use. Notably, in Judgment 74/2021 issued by the Provincial Court of Lleida, the court held that the signature in question was not a recognised electronic signature because it did not meet the required legal standards and conditions as outlined under the eIDAS Regulation and Spanish Law 6/2020. You can read the judgement here. 

In this case, the court scrutinised the technical and procedural aspects of the electronic signature, particularly focusing on whether it could reliably identify the signatory and ensure the integrity of the signed document. The court emphasised that proper identification of the signatory and strict adherence to legal requirements, such as the use of a qualified electronic signature (QES) when necessary, are critical for a valid electronic signature. The judgement underscored that without these key elements, an electronic signature could be deemed invalid and unenforceable in legal proceedings.

The decision further reinforced the necessity for individuals and businesses to carefully consider the type of electronic signature used, especially in high-stakes or regulated transactions, to ensure legal compliance and avoid potential disputes. This judgement serves as a reminder that while electronic signatures offer convenience and efficiency, they must be implemented correctly to be legally binding in Spain. 

Forthcoming legislation on electronic signatures in Spain

Currently, there is no major forthcoming legislation set to significantly change electronic signature laws in Spain. However, the government remains vigilant in monitoring technological advancements and emerging trends, ensuring that the legal framework remains robust and adaptable. As digital transactions continue to evolve, Spain may update regulations to address new technologies like blockchain, biometric authentication, and artificial intelligence, which could impact how electronic signatures are created, verified, and stored.

Moreover, potential updates at the European Union level could prompt corresponding changes in Spain's national laws. The European Commission is considering revisions to enhance the applicability of the legislation to emerging technologies and further harmonise electronic identification across member states. Spain would likely update its laws to align with these new EU standards, ensuring continued compliance and interoperability.

While the current legal framework is stable, businesses and legal professionals should stay informed about potential changes to ensure compliance and capitalise on new opportunities as the legal landscape for electronic signatures evolves.

Industry-specific standards for electronic signatures in Spain

Certain industries in Spain require specific standards for electronic signatures to ensure compliance with regulatory requirements:

1. Financial services: The financial industry requires robust security measures for electronic signatures, especially for transactions involving sensitive data. The Banco de España and other financial institutions often require advanced or qualified electronic signatures to ensure compliance with regulations.
2. Healthcare: In the healthcare industry, patient consent forms and medical records often require AES or QES to ensure the confidentiality and integrity of sensitive information.
3. Legal sector: Law firms may use electronic signatures for client agreements and contracts, but they must ensure that signatures meet the necessary legal standards. 
4. Real estate: While some property-related documents can be signed electronically, certain property agreements may still require handwritten signatures. For property transactions, including sales and leases, an AES or QES may be necessary to meet legal requirements and ensure the enforceability of contracts.
5. Public administration: Spanish public administrations typically require QES for official documents and procedures, ensuring the highest level of security and legal recognition.

Adoption of electronic signatures in Spain

The adoption of electronic signatures in Spain has been steadily increasing, driven by the digital transformation of businesses and public administration. This growth is supported by several key factors, including the widespread digitisation of processes, the need for efficiency, and the legal recognition of electronic signatures. The COVID-19 pandemic further accelerated this trend as remote work and online transactions became more prevalent. The sudden shift to digital workflows made electronic signatures not just a convenience, but a necessity for maintaining business continuity. As a result, companies quickly adopted electronic signature solutions to streamline operations, reduce paperwork, and facilitate secure, legally binding agreements without the need for physical presence.

Currently, electronic signatures are widely used across various sectors, including finance, legal, healthcare, and real estate. Moreover, the Spanish government's efforts to promote digital transformation in both the public and private sectors have played a crucial role in the widespread adoption of electronic signatures. Initiatives such as the Digital Spain 2025 plan aim to enhance the country’s digital infrastructure, fostering an environment where electronic signatures can thrive.

In addition, the increasing globalisation of business has contributed to the growth of electronic signatures in Spain. As companies engage in cross-border transactions, the need for secure, efficient, and legally recognised digital signing solutions has become more pronounced. Electronic signatures facilitate international agreements, ensuring compliance with both domestic and international legal standards.

Overall, the combination of legal support, technological advancements, and a strong push towards digital transformation has positioned electronic signatures as a critical component of modern business operations in Spain. As the demand for secure and efficient digital solutions continues to grow, electronic signatures are likely to become even more deeply integrated into everyday business practices, further solidifying their role in the Spanish economy.

Leading providers of electronic signature solutions in Spain

Several companies provide electronic signature solutions in Spain, each offering various features and levels of security to meet the needs of different industries. Some of the leading providers include:

1. DocuSign: A global leader in electronic signature solutions.
2. Juro: A popular contract automation platform known for its user-friendly interface and robust security features, Juro is a popular choice for businesses of all sizes.
3. Adobe Sign: Part of the Adobe Document Cloud suite.
4. HelloSign: A Dropbox company providing electronic signature solutions.
5. SignNow: Offers a user-friendly platform for electronic signatures.

These providers offer various levels of electronic signature services, catering to different business needs and compliance requirements.

FAQ: common questions about electronic signatures in Spain

What is the legal status of electronic signatures in Spain?

Electronic signatures are legally recognised in Spain under the eIDAS Regulation and national law (Law 6/2020). Qualified Electronic Signatures (QES) have the same legal status as handwritten signatures.

What types of electronic signatures are recognised in Spain?

Spain recognises simple, advanced, and qualified electronic signatures.

What are the requirements for an electronic signature to be valid?

For an electronic signature to be valid, it must meet conditions related to consent, intention, authentication, and document integrity. The level of legal recognition varies depending on the type of signature (SES, AES, or QES).

Is an electronic signature as valid as a handwritten signature in Spain?

Qualified electronic signatures have the same legal value as handwritten signatures in Spain.

Can I use an electronic signature for all types of documents in Spain?

While electronic signatures are widely accepted, some documents (like wills, documents relating to family law and documents requiring notarization) may require handwritten signatures to be valid. 

Are there any situations where an electronic signature is not valid?

An electronic signature may not be valid if it does not properly authenticate the signatory, fails to comply with industry-specific regulations, or if there is a dispute over the signatory's intent.

Do I need special software to create a legally valid electronic signature in Spain?

Not necessarily, but using a certified electronic signature provider ensures compliance with legal requirements.

How are electronic signatures used in specific industries in Spain?

Certain industries, such as finance, healthcare, and real estate, require higher standards of electronic signatures (AES or QES) to ensure compliance with regulatory requirements.

Are there any upcoming changes to the electronic signature laws in Spain?

While there are no major changes expected, potential updates at the EU level could impact the use of electronic signatures in Spain.

How widespread is the use of electronic signatures in Spain?

The use of electronic signatures in Spain is widespread across various sectors, particularly following the digital transformation accelerated by the COVID-19 pandemic.

How can I choose the right electronic signature provider in Spain?

Consider factors such as security features, ease of use, compliance with industry standards, integration capabilities, and customer support when choosing an electronic signature provider.

Who are the leading providers of electronic signature solutions in Spain?

Leading providers include Juro, DocuSign, and Adobe Sign, among others. Each offers various features tailored to the needs of different industries.

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The legal framework for electronic signatures in Spain is well-established, providing businesses and individuals with the tools they need to execute contracts and agreements securely and efficiently. Understanding the types of electronic signatures and their respective legal requirements is crucial for ensuring that these signatures are legally binding and enforceable. As technology continues to evolve, Spain remains committed to maintaining a robust and adaptable electronic signature ecosystem.

Juro is not a law firm and this article should not be relied on as legal advice.