A Trusted Third Party is a figure included in Spanish legislation through article 25 of Law 34/2002, of July 11th, on Services of the Information Society and E-Commerce. It consists of an auditor independent to the issuer and/or recipient that certifies what happened between the parties.
Evicertia is a Trusted Third Party because of the following:
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It captures real-time partial evidence
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It signs electronically
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It seals while it is in the cloud
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It registers formally and deposits in the public notary the evidence of the content sent, the acknowledgement and the declaration of will
Evicertia meets the requirements established to act as such. Although there are different regulations on security mechanisms, as well as standards and regulations related to the processing of electronic evidence, there is no specific framework for the accreditation of trusted third parties. Due to that, the evidentiary effectiveness of the statement of a trusted third party depends on the guarantees it offers.
In addition to this, Evicertia not only is a service platform that offers the exchange of secure communications, but also offers certain guarantees in order to use the evidences judicially. In order to increase the evidentiary effectiveness of this statement, Evicertia has certified CISA auditors (Certified Information Systems Auditor), experts specialized in IT security and electronic evidence, who in case of contesting the evidence, can make an expert report on request and testify in a judgement. Besides, it has the collaboration of public notaries who have the probative value of the public faith, and who can prove in a notarial act that at a certain moment, a certain content was in the system and that such content comes from a system that intermediates in the communications and that leaves evidence on them in a neutral way. Finally, different specific and advanced security mechanisms are used for electronic evidence, as well as independent and redundant expert methods, guaranteeing the following on each transaction:
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Trustworthiness of the contents and data of the transaction
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Authenticity of origin and/or destination
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Dating of related events
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Two-way universal location
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Long term availability