Here you have a summary of the related legislation.
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The Article 34 of the European Directive 2000/31/CE obliges the member states to remove obstacles by the conclusion of electronic contracts, reforming their legislation if necessary.
Every Member State must adjust its legislation in terms of the requirements –and especially the formal requirements– that may impede the conclusion of contracts electronically. It is necessary to systematically analyze which laws need to proceed with this adjustment and this inspection must be about all the phases and acts necessary to carry out the contract process, including the registration of the contract. The result of such adjustment should make possible the conclusion of contracts electronically. The legal effect of the electronic signature is the subject of the Directive 1999/93/EC of the European Parliament and of the Council, of December 13th, 1999, which establishes a common framework for the electronic signature (24). The acknowledgement issued by a service provider may consist of providing a paid service online.
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In Article 24, of Law 34/2002, of July 11th, on services of the information society and electronic e-commerce, the conditions by which contracts executed electronically are established.
Proof of contracts concluded electronically. 1. Drafting according to Law 56/2007, of December 28th. Proof of the conclusion of the contract electronically and that of the obligations that originate from it shall be subject to the general rules of the legal order. When the contracts concluded electronically are signed electronically, the provisions of article 3 of Law 59/2003, of December 19th, on electronic signature will be followed. 2. In any event, the electronic form in which a contract concluded by electronic means will be admissible at trial as documentary evidence.
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The aforementioned Article 3, of Law 59/2003, of December 19th, on electronic signature, regulates the legal validity of the electronic signature and electronically signed documents.
The advanced electronic signature is the electronic signature that allows you to identify the signatory and detect any subsequent change of signed data, which is linked to the signatory singly and data referred to and which has been created by means that the author may keep under its exclusive control. The advanced electronic signature based on a recognized certificate and generated by a secure signature creation device is considered a recognized electronic signature. The electronic signature will take over disclosures in electronic form, the same value as the signature in a relationship with those contained in paper. And no less important, within the same article 3, legal effects will not be denied to an electronic signature that does not meet the requirements of electronic signature recognized in relation to the data to which it is associated by the mere fact of submitting in electronic format. For the purposes of the provisions of this article, when an electronic signature is used in accordance with the conditions agreed by the parties to relate to each other, the provisions between them shall be taken into account.
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In this context, Evicertia acts as a trusted third party, as established in article 25 of Law 34/2002, of July 11th, on services of the information society and e-commerce.
The parties may agree that a third party file the declarations of intent that form the electronic contracts and record the date and time in which such communications have taken place. The intervention of these third parties may not alter or replace the functions that correspond to the persons empowered under the Law to give public trustworthiness.
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Article 162 of Law 1/2000, of January 7th, on Civil Procedure, authorizes communications made by electronic means that guarantee trustworthiness, such as those made by the Evicertia platform
When the Liaison Offices and the parties or recipients of the communication acts have infotelecommunications, electronic, telematics or other similar means, which allow the delivery and receipt of notes and documents, in such a way that the authenticity of the communication and its content is guaranteed and there is reliable proof of the complete remission and reception and of the moment in which they were made, the acts of communication may be carried out by those means, with the receipt document that may be appropriate.
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The value of the probative force of a private document is included in article 326 of Law 1/2000, of January 7th, on Civil Procedure
Private documents will make full evidence in the process, under the terms of the article 319, when their authenticity is not impugned by the party to whom they harm.