Legal Validity

Viafirma complies meticulously with the requirements of the elDAS regulations, considered the most demanding digital identity trust services standard worldwide and the main one at European level.

Regulation (EU) No. 910/2014, known as theDAS, adopted on July 23, 2024 by the European Parliament and the Council, establishes guidelines for Member States to recognize electronic identification means of individuals and legal entities originating from systems notified by other Member States.

It also regulates trust services and provides a legal framework for electronic signatures, electronic seals, electronic time stamps, electronic documents, certified electronic delivery services and certificate services for website authentication. The regulation has been in force since July 1, 2016.

Types of electronic signature established in theDAS regulations

Regulation (EU) 910/2014 establishes three types of electronic signatures:

Electronic signature: Data in electronic format, separated from or logically associated with other electronic data, used by the signatory to sign.

Advanced electronic signature: This is an electronic signature that meets the following requirements:

• It is uniquely linked to the signatory.
• It allows the identification of the signer.
• It has been created using electronic signature creation data that the signatory can use under his exclusive control, with a high level of confidence.
• It is linked to the signed data in such a way that any subsequent modification of the data is detectable.

Qualified electronic signature: An advanced electronic signature created by means of a qualified electronic signature creation device based on a qualified certificate.

Legal effects of our technological solutions

Choose simple, advanced or qualified signature according to your needs, within the most demanding legal framework in the world regarding digital identity. The solutions offered by Viafirma have legal guarantee and the legal effects of electronic signatures established in article 25 of the DAS regulation:

• • • An electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is electronic or does not meet the requirements of a qualified electronic signature.
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    • A qualified electronic signature shall have a legal effect equivalent to that of a handwritten signature.
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    • A qualified electronic signature based on a qualified certificate issued in one Member State shall be recognized as such in all other Member States.

International legal guarantee

Viafirma’s electronic signature solutions comply with the legal requirements of the European Union, USA, Canada and Latin America.

Do you have doubts and want to check if Viafirma complies with the current regulations in your country? Know in detail the legal framework of each one of the countries where Viafirma is present. See details

Data protection

All Viafirma’s solutions are extremely responsible with personal data and comply with the new RGPD in all its aspects.

The General Data Protection Regulation (GDPR) is a regulation that was approved by the European Union (EU) with the aim of having a single data protection policy throughout the territory. Since its entry into force on May 25, 2018, companies and institutions that hold, process or simply deal with personal information must comply with this regulation. In this context, Viafirma’s electronic signature solutions have been designed and developed to fully comply with the RGPD.

1. 1. Informed consent and data protection

One of the key aspects of the GDPR is informed consent. The GDPR establishes the obligation to adopt security measures tailored to the specific risks to privacy in each company.

In this sense, Viafirma’s electronic signature solutions guarantee that the user’s consent is obtained in an informed and explicit way, thus complying with one of the fundamental requirements of the RGPD.

2. 2. Recent modifications to the GDPR

Recently, through Law 11/2023, of May 8 (Law 11/2023), some amendments have been introduced to the Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights (LOPDGDD) in Spain. The purpose of such changes is to modernize and streamline the procedures before the Spanish Data Protection Agency (“AEPD”) in defense of citizens’ rights.

These changes include:

• • • Creation of the warning procedure: This new procedure is more flexible and faster, with a maximum duration of six months. This change has direct implications on how companies, including Viafirma, must handle personal data and guarantee its protection.
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    • Investigation actions through remote digital systems: The option has been introduced to carry out investigations not only in person but also remotely.

Viafirma keeps up to date with these changes and ensures that our electronic signature solutions are in line with the latest RGPD updates. By using Viafirma’s solutions, companies can be sure that they are complying with the RGPD and the recent modifications of the LOPDGDD, respecting the privacy of their customers’ and employees’ personal data.