More and more companies are digitizing processes that had been obsolete for years as a way to boost business competitiveness. And while these changes are clearly well-intentioned, they often fall into mistakes and pitfalls; streamlining workflows is not enough—organizations must rely on the right tools and ensure maximum legal certainty.
In the field of electronic signatures, the eIDAS Regulation distinguishes three levels of electronic signature, with the qualified signature being the most secure, as it offers the highest level of guarantees within the eIDAS framework. Being based on qualified certificates and secure signature creation devices, it guarantees identity, integrity, and non-repudiation, carrying total and automatic legal equivalence to a handwritten signature.
Through qualified signatures with Viafirma, organizations can integrate this type of signature seamlessly, ensuring its evidentiary weight and compliance with the eIDAS Regulation.
What Makes a Signature a Qualified Electronic Signature?
You already know that the qualified electronic signature is, among the three types identified by the eIDAS Regulation, the most secure and fully equivalent to a handwritten signature. However, for a signature to fall into this category, it must meet two fundamental requirements:
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It is the result of signing with a digital certificate issued by a Qualified Trust Service Provider (QTSP).
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The private key must reside on a physical medium or in the cloud, protected in a location where it cannot be extracted or copied. This guarantees that the signature keys remain under the sole control of the user and are protected against duplication.
If you want an in-depth look at what a qualified electronic signature is and how it works, we invite you to read this article.
How Viafirma Implements Qualified Signatures
Viafirma offers an ecosystem of solutions designed to facilitate the adoption of qualified signatures by businesses and citizens, without sacrificing usability or disrupting business processes.
Cloud-based Signature Solutions and Centralized Certificates
Through its digital solutions, Viafirma gives companies the ability to manage their qualified certificates centralizing them in the cloud. In practice, this functionality allows any company and/or user to sign from any device without needing to install certificates on each one, using strong authentication.
Beyond cloud centralization, Viafirma is also recognized as a Digital Certification Entity in Colombia (accredited by ONAC in 2025) and in the Dominican Republic (accredited by Indotel in 2006). We are legally and technically backed in both countries to issue, renew, and revoke digital certificates, which are the cornerstone of qualified electronic signatures.
Strong Authentication in the Workflow
Viafirma’s solutions allow combining qualified signatures with strong authentication factors (SMS OTP or Email OTP), ensuring a signature workflow adaptable to the risk level of each transaction.
Evidentiary Weight and Legal Value: What Happens in Court?
Now, how do Viafirma’s tools demonstrate their evidentiary value in court? The core foundation is found in Article 25(2) of the eIDAS Regulation, which establishes that:
“A qualified electronic signature shall have the equivalent legal effect of a handwritten signature.”
In other words, this type of electronic signature guarantees cross-border legal validity, meaning it is automatically recognized across all 27 EU Member States without needing additional homologation.
Audit Trail: The Evidence Supporting Every Signature
Some electronic signature platforms generate a document at the end of the signing process known as a ‘probatory document’ (or Audit Trail). That is exactly what Viafirma does.
This document collects detailed information on who signed, how, when, and through which devices the process was carried out. In this way, it proves the integrity and traceability of the signed documents.
In addition to these factors, another crucial element must be considered: the qualified electronic signature is directly tied to the legal presumption of authenticity. In any scenario, the signer will be understood to be, without a shadow of a doubt, who they claim to be. If for any reason the signer claims not to have signed said document, they must technically prove that the system or certificate was compromised—a claim that, as you can imagine, is nearly impossible to prove.
When Is a Qualified Signature Mandatory? Use Cases
Even though the qualified electronic signature carries the highest level of trust, it is not always necessary to use it. Whether to use it or not will depend on the document to be signed and the required level of security:
Public Sector
In Spain, Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations, details in Articles 9 and 10 the accepted means of identification and electronic signature, with digital certificates being fully valid.
Therefore, using a qualified signature is mandatory in cases such as:
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Submitting documents to electronic registries
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Grant and subsidy applications
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Mandatory electronic notifications
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Filing tax returns
Private Sector
In the private sector, there is generally no scenario in which a qualified electronic signature is strictly mandatory, unless:
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The law explicitly requires it for specific legal acts
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The parties agree to use a qualified signature
Even so, there are certain scenarios where using a qualified electronic signature is highly recommended, especially for services related to the legal and judicial sectors:
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Public notary deeds
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Acts before property registrars
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Electronic wills
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Financial transactions
In short, any highly regulated sector where signing documents could carry risks of identity impersonation.
Guarantee the Evidentiary Value of Your Documents with Qualified Electronic Signatures
Companies that use qualified electronic signatures in their day-to-day operations not only ensure compliance with regulatory frameworks like eIDAS, but also protect their organization’s legal certainty. With Viafirma, safeguarding your daily operations against potential litigation, simplifying cloud certificate management, and offering an agile, 100% legal experience to your clients and partners is entirely within reach.
Looking to implement qualified electronic signatures in your organization without technical hurdles? Contact our team of experts to learn more.
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