Electronic signature laws and validity in Spain

Electronic signatures are widespread in Spain. But what are the laws that govern their use, and is there anything Spanish businesses need to know before embracing eSignatures?

The legal basis for electronic signatures in Spain

Spain has established a clear legal foundation for electronic signatures through a combination of European and national legislation.

The primary framework comes from the European Union's eIDAS Regulation (EU No. 910/2014). As an EU member state, Spain has implemented eIDAS. This regulation creates consistent rules for electronic signatures across the EU, making it easier for Spanish businesses to use eSignatures for both domestic and international transactions.

Spain has further strengthened this framework with its own national legislation, Law 6/2020 of November 11, which regulates certain aspects of electronic transactions. This law builds upon the eIDAS foundation and adds Spain-specific requirements. For example, when it comes to dealing with public administrative bodies or operating in regulated sectors.

These laws work together to ensure that properly executed electronic signatures in Spain have the same legal standing as traditional handwritten signatures. 

Which type of electronic signature should I use?

Spain recognizes three different types of electronic signatures. Choosing the right one depends on your specific needs, the nature of your document, and legal requirements:

• Simple electronic signatures (SES): This is the most basic form. SES include typing your name at the end of an email, checking a box online, or using a basic eSigning tool. While potentially valid for many everyday transactions in Spain, they offer limited security and might be challenged more easily if disputes arise.
• Advanced electronic signatures (AES): These signatures provide much stronger legal standing in Spain. They uniquely identify the signer and detect any document changes after signing. Spanish businesses often use this level for important business agreements when qualified signatures might be impractical.
• Qualified electronic signatures (QES): QES offer the highest level of legal protection in Spain. These meet all the requirements of advanced signatures but add an extra layer of security through qualified certificates issued by authorized providers. Under Spanish law, a QES is legally equivalent to a handwritten, wet-ink signature and carries a presumption of validity.

For routine business documents like purchase orders or internal approvals, simple or advanced signatures often work well in Spain. However, for high-value contracts, regulated transactions, or documents for public administration, Spanish organizations typically use qualified signatures to ensure maximum legal certainty.

Are eSignatures automatically considered valid in Spain?

Spanish courts generally recognize electronic signatures. However, their acceptance depends on whether the signature meets specific legal requirements.

For an eSignature to be valid in Spanish courts, it needs to satisfy several key conditions:

• The signer must be clearly identifiable – courts look for proof that the signature can be linked to a specific person
• There must be evidence that the signer actually intended to sign the document
• All parties should have agreed to use electronic signatures
• The document must not have changed after signing, with any alterations being detectable
• The signer must have had sole control over the signing method
• The signature needs to be properly connected to the document itself
• The signing method must be reliable enough for the type of document involved

When planning which type of signature to use, consider whether the document might eventually need to be presented in court. For important agreements with higher dispute risk, Spanish legal experts typically recommend using advanced or qualified signatures to maximize court acceptance.

Recent court rulings on electronic signatures 

Recent court decisions have made Spain's e-signature rules even clearer than before.

In a notable 2021 case from the Provincial Court of Lleida (Judgment 74/2021), the court rejected an electronic signature because it lacked proper authentication. Therefore, they could not reliably identify the signer. The ruling reiterated that not all electronic marks qualify as legally valid signatures – they must meet the technical standards outlined in Law 6/2020 and eIDAS.

In another significant case, the Supreme Court of Spain (Tribunal Supremo) upheld the validity of a contract signed with an advanced electronic signature. This is because the signature creation process included sufficient security measures to verify the signer's identity and protect the document’s integrity. The court pointed to the audit trail and two-factor authentication as key factors in its decision.

The Commercial Court of Barcelona has also weighed in on eSignatures in business contracts, ruling that even simple electronic signatures can be valid if there is supporting evidence of the signer's intent. In this case, the court accepted email confirmations and subsequent actions by the parties as evidence supporting the simple eSignature's validity.

Spanish courts generally take a practical approach, focusing more on whether the eSignature process reliably identifies the signer and protects the document rather than requiring specific technologies. However, the trend in rulings shows that courts give significantly more weight to advanced and qualified signatures due to their built-in security features.

How Spain’s approach compares to EU and non-EU member states

Spain's approach to electronic signatures aligns closely with other EU countries due to the shared eIDAS framework. However, that does not mean all EU member states are exactly the same when it comes to eSignature usage.

Compared to Germany, Spain has traditionally been more progressive in adopting eSignatures, particularly in public administration. France and Spain, meanwhile, have similar approaches. Both have fully implemented eIDAS while maintaining national laws that add specific requirements. 

However, France places more emphasis on certain sectors like healthcare having their own eSignature standards, whereas Spain tends to follow a more uniform approach across industries.

Outside the EU, Spain's eSignature framework differs significantly from the United States. While the US follows the ESIGN Act and UETA, which take a more technology-neutral approach, Spain's system is more prescriptive about the technical standards required for different signature types. This means Spanish businesses generally need to meet more specific technical requirements than their American counterparts.

The United Kingdom, post-Brexit, now has its own electronic signature framework that differs from Spain's EU-based system. While UK law recognizes eSignatures broadly, Spain's alignment with eIDAS provides more standardized levels of signatures with clearer legal standing across Europe.

Why Spanish businesses use Juro to create eSignatures

Many companies across Spain are selecting platforms like Juro for their electronic signature needs. Here’s why:

• Integrated workflows: Spanish businesses can manage the entire contract process in one system, from drafting to signing, without switching between multiple tools. This creates a more efficient process that aligns with Spain's push for digital transformation.
• Regulatory assurance: These platforms provide signatures that comply with both Spanish Law 6/2020 and EU eIDAS requirements, giving organizations confidence that their agreements will be legally valid throughout Spain and across European borders.
• Team collaboration: Spanish teams can collaborate on contract language in real-time before requesting signatures, reducing email exchanges and miscommunication. The platforms also allow flexible signing sequences – either sequential or simultaneous – to accommodate different business practices.
• Automatic follow-ups: The systems can send automated contract reminders to pending signatories, which helps Spanish businesses close deals faster and ensures important deadlines aren't missed due to signature delays.
• Centralized document management: After completion, all signed contracts are maintained in a secure, searchable single source of truth. This helps Spanish organizations maintain proper records for compliance purposes and quickly locate specific agreements when needed.

FAQs about electronic signatures in Spain

Are electronic signatures legal in Spain?

Yes, electronic signatures are fully legal in Spain. They are recognized under both European law (eIDAS Regulation) and Spanish national legislation (Law 6/2020). Properly executed electronic signatures have the same legal standing as traditional handwritten signatures.

What's the difference between the three types of electronic signatures in Spain?

Simple signatures are basic (like typing your name), advanced signatures offer more security with unique links to the signer and tamper protection, and qualified signatures provide the highest security level. This makes them automatically equivalent to handwritten signatures under Spanish law.

Can I use an electronic signature for any document in Spain?

Not for everything. While most business documents can be signed electronically, certain documents may still require traditional signatures or notarization. These include some wills, property deeds, and documents that need to be presented to specific government bodies.

Will a signature from another EU country work in Spain?

Yes. Under the eIDAS Regulation, electronic signatures created in any EU country are recognized in Spain. This is especially true for qualified electronic signatures, which have equal legal status across all EU member states.

How do Spanish courts verify the validity of an electronic signature?

Courts look at several factors: whether the signature reliably identifies the signer, if the document remained unchanged after signing, whether the signer had control over the signature creation method, and if there is evidence of the signer's intent to be bound by the document.

What happens if someone challenges my electronic signature in a Spanish court?

For simple and advanced signatures, you might need to provide additional evidence of authenticity. For qualified signatures, Spanish law creates a presumption of validity. This shifts the burden to the person challenging the signature to prove it is not authentic.

Do I need a digital certificate to create a legally valid signature in Spain?

Not necessarily for simple or advanced signatures, though certificates add security. For qualified signatures, you do need a qualified certificate issued by an authorized trust service provider in Spain or another EU country.

Are electronic signatures more widely accepted in Spain than in other European countries?

Spain has been progressive in adopting electronic signatures, particularly in public administration. While acceptance levels are similar to other EU countries due to the shared eIDAS framework, Spain's Digital Spain 2025 initiative has actively promoted greater digitalization, including eSignature adoption.

Can I use an electronic signature for contracts with the Spanish government?

Yes, Spanish public administrations can sometimes accept electronic signatures. For many government interactions, they specifically require qualified electronic signatures, especially for regulatory filings and official documentation.

Do I need special software to create an electronic signature in Spain?

For simple signatures, standard tools like email or PDF readers might be sufficient. For advanced or qualified signatures that will stand up better in court, specialized platforms like Juro, DocuSign, or qualified service providers authorized in Spain are recommended.

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