E-signing in Spain:
What the law says and how
Zoho Sign helps

Your legal cheat sheet to secure e-signing in Spain.

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Get to know e-signatures

Sending electronic documents online has become a common practice, and these documents often require signatures. Electronic signatures, also called e-signatures, provide an efficient way to sign documents online, leading to reduced paperwork and more streamlined transactions. E-signatures also help protect documents with enhanced security and authentication techniques. As a result, e-signatures have gained popularity worldwide, helping businesses meet their objectives efficiently.

Rewriting business: The role of e-signatures in Spain's digital future

Spain is growing its focus on digital transformation across both public and private sectors, with initiatives aimed at improving efficiency, transparency, and accessibility. From e-government services to digital tax filings and online business registrations, the country is moving toward a more connected and paperless future. In this shift, electronic signatures play a vital role, enabling secure, legally valid transactions without the delays and costs of physical paperwork. As more businesses adapt to remote work and digital operations, having a trusted e-signature solution has become essential for staying compliant, competitive, and agile.

Zoho Sign, a digital signature solution, is built to make signing documents easier, faster, and more secure. It helps businesses move effortlessly toward a paperless way of working. With an intuitive interface and powerful features, it offers a range of advantages for organizations, such as:

 

  • Faster turnaround
  • Enhanced efficiency
  • Strong authentication
  • Advanced security
  • Remote access
  • Seamless user experience
  • Budget-friendly solution

How Spain's top industries are going digital with e-signatures

See which sectors are embracing e-signatures to work faster, stay compliant, and cut down on paperwork.

A look at key e-signature laws in Spain

Spain follows the European Union's eIDAS Regulation (Regulation No. 910/2014), which sets a standardised legal framework for electronic identification and trust services across EU member states. To strengthen and support the use of electronic signatures domestically, Spain introduced Law 6/2020 on November 11, 2020, which regulates specific aspects of electronic trust services.

Types of Electronic Signatures

1. Electronic Signature

Under the eIDAS Regulation, an Electronic Signature is defined as digital data that is linked to other electronic information and used by the signer to indicate their intent to sign.

2. Advanced Electronic Signature

An Advanced Electronic Signature is a type of Electronic Signature that complies with specific criteria outlined in Article 26 of eIDAS. To qualify as advanced, a signature must:

  • Be uniquely linked to the individual signing
  • Clearly identify the signer
  • Be generated using data that the signer can securely maintain exclusive control over, ensuring a high degree of trust in the signing process
  • Enable detection of any alterations made to the signed content after signing

3. Qualified Electronic Signature

A Qualified Electronic Signature is generated with the help of a Qualified Electronic Signature Creation Device and is supported by a Qualified Certificate issued by an Qualified Trust Service Provider.

Only accredited Qualified Trust Service Providers are permitted to deliver validation services for such signatures. These services must provide automatic and reliable validation results, and include the provider's own Advanced Electronic Signature or seal for authenticity.

Likewise, only a Qualified Trust Service Provider is authorized to offer a qualified preservation service. This ensures that Qualified Electronic Signatures remain trustworthy and legally valid even after their original technology becomes outdated.

Legal validity of Electronic Signatures

Electronic Signatures are legally recognised and cannot be dismissed solely because they are in digital form or do not meet the standards of a Qualified Electronic Signature. All Electronic Signatures are legally valid, but a Qualified Electronic Signature offers the strongest legal guarantee, holding the same standing as a handwritten signature. When backed by a Qualified Certificate issued in any EU Member State, it must be accepted as valid across all other Member States under the eIDAS Regulation.

When Electronic Signatures aren't enough: Exceptions in Spain

While Electronic Signatures are widely accepted for most business and legal transactions in Spain, there are specific cases where only handwritten signatures or notarial deeds are valid. According to the Spanish Civil Code, the following situations require additional formalities and cannot be completed using e-signatures alone:

  • Transactions concerning real estate property rights
  • Long-term leases lasting more than six years
  • Marriage contracts and agreements
  • Inheritance matters
  • Certain powers of attorney, including:
    a) Getting married on someone else's behalf
    b) Filing lawsuits
    c) Managing or transferring property
    d) Any authority that involves official notarial acts or affects third parties
  • Transfers of rights from a previous public deed

Digital Signature Certificate

A Digital Signature Certificate (DSC) serves as a digital credential that confirms a person's identity and ties it to their Electronic Signature. It confirms essential information about the individual, such as their name or pseudonym, and is used to validate the authenticity of signed electronic documents.

A Qualified Digital Signature Certificate takes this a step further. It is issued by a verified and officially recognized provider, ensuring a higher level of trust and legal assurance. These certificates follow strict standards and are used when stronger authentication and legal standing are required.

Trust Service Provider

A Trust Service Provider is an individual or organisation that delivers services related to digital trust, such as issuing digital certificates, time stamps, and validation tools. These providers can be either qualified or non-qualified, depending on whether they meet certain regulatory criteria.

A Qualified Trust Service Provider is one that has been formally authorized by a regulatory body. They meet higher standards of security and reliability and are trusted to issue certificates used in legally binding digital signatures.

Recognition of foreign digital certificates

To ensure Electronic Signatures are valid and recognised across EU borders, all countries must follow the same foundational standards for Digital Certificates. While individual countries may include specific national identifiers or details, these additions must not interfere with the ability to accept and validate signatures from other Member States. This harmonised approach supports secure and seamless digital transactions across the EU.

Additional trust services supporting E-Signatures

Beyond just signing documents, several other digital trust services support the broader ecosystem of Electronic Signatures. These include:

  • Generating and verifying Electronic Signatures, Seals, and Time Stamps
  • Validating the authenticity of Digital Certificates used for website security
  • Securely storing Digital Signatures, Seals, and Certificates to ensure long-term accessibility and integrity

Electronic Seal

An Electronic Seal acts like a digital stamp placed on a document or data to confirm its origin and ensure it hasn't been altered.

There are different levels of Electronic Seals:

Advanced Electronic Seal

This type of seal must:

  • Be uniquely tied to the entity that created it
  • Clearly identify its creator
  • Be generated using data that only the creator can control
  • Make any tampering with the sealed content easily detectable

Qualified Electronic Seal

This is the most secure type. It meets all the requirements of an Advanced Seal but is also:

  • Created using Qualified Electronic Seal Creation Device
  • Based on a Qualified digital certificate issued by a qualified trust service provider

Legal value:

Electronic seals are valid as evidence in legal proceedings, regardless of whether they meet "qualified" standards. However, a Qualified Seal is presumed to guarantee both the integrity of the data and its true origin. When issued in one EU country, it is legally recognised across all Member States.

Validation and long-term preservation services for Qualified Seals must follow the same strict standards that apply to Qualified Electronic Signatures.

Electronic Timestamp

An Electronic Timestamp records exactly when a piece of data existed, linking it securely to a specific date and time.

Qualified Electronic Timestamp

To be considered "qualified," the Timestamp must:

  • Be securely bound to the data, ensuring it can't be changed undetected
  • Use a highly accurate time source synchronised with Coordinated Universal Time (UTC)
  • Be validated by a Qualified Trust Service Provider using a secure Digital Signature or Seal

Legal value:

Electronic timestamps are valid and admissible in court, even if they aren't "qualified." However, a Qualified Timestamp is presumed to provide a reliable date and time reference and to maintain the data's integrity. Like other trust services, Qualified Timestamps issued in one EU country are recognised across all Member States.

Building legal trust in Spain's
digital deals with Zoho Sign

Here's how Zoho Sign empowers Spanish businesses with secure, compliant, and hassle-free digital signatures:

  • Identification and reliability:

    Zoho Sign employs strong authentication techniques, such as OTP authentication and PKI-based digital signatures using digital certificates, to ensure that the e-signature is uniquely identifiable.

  • Control over the data being signed:

    Only the signatory is allowed to review the document before signing and reject the document if necessary.

  • Detectable alterations:

    Zoho Sign ensures any alterations to the electronic signature or the document to which the signature is affixed are detectable through an elaborate audit trail of occurrence of all activities during the signing process. This audit trail comprises critical information such as the identity of the signatory, the timestamp of the signature, and changes made to the document.

  • Enhanced security:

    Zoho Sign employs robust encryption protocols, such as the military grade AES-256 encryption at rest and the TLS/SSL protocol in transit, to ensure that the data transmission between the signing platform and the data being signed is secure. This prevents exposure of documents and data from data breaches.

  • Audit trails:

    Audit trails provide a comprehensive record of every action taken on a document, ensuring full transparency and accountability throughout the signing process. This detailed log enhances security and serves as legal evidence in case of disputes, making it a vital tool for businesses to maintain compliance and trust in their digital transactions.

  • Document Timestamping:

    Zoho Sign effectively offers Qualified Electronic Timestamps through its partnership with Uanataca, a QTSP recognised in the EU. This helps validate the authenticity of a digital signature and aids in verifying that the signed document existed in the given form at the time of signing and remains unaltered.

Uanataca for Spanish businesses

Key takeaway

Doing business in Spain today means moving quickly without compromising security. Zoho Sign makes signing documents simple and fully compliant, helping companies save time and avoid unnecessary hassle. By going digital, businesses can speed up contracts, work more smoothly with clients and partners, and cut down on admin costs. With Zoho Sign, Spanish businesses can stay ahead in today's fast-changing world and be ready for whatever comes next.

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Disclaimer

The information provided in this document is for general informational purposes only and shall not be construed as legal, regulatory, or any other form of professional advice. Zoho Sign disclaims any liability for any error in the information provided herein. We recommend that you consult your legal counsel for any questions that you may have in this regard.