Electronic signatures are fully legal, admissible, and enforceable in Spain. As a pioneer in digital legislation and a core member of the European Union, Spain’s legal framework for e-signatures is highly standardized, primarily governed by the EU’s eIDAS Regulation, which provides a tiered system of legal certainty. The vast majority of business and private transactions can be conducted digitally, with only a few, highly formal exceptions still requiring a physical, notarized presence.
1. Overview and Legal Framework
Spain operates under a principle of “freedom of form” (Article 1278 of the Civil Code), meaning most contracts are valid regardless of the medium (written, verbal, or electronic), provided there is mutual consent, a legal cause, and a clearly defined object.
A. Core Legislation
i. eIDAS Regulation (EU No 910/2014): This is the paramount law, directly applicable in Spain, establishing the three-tiered system of e-signatures and ensuring mutual recognition across the EU. Critically, it states that an electronic signature cannot be denied legal effect solely because it is in an electronic form.
ii. Law 6/2020 on Electronic Trust Services: This national law complements eIDAS, regulating specific domestic aspects like the supervision of Trust Service Providers (TSPs) and the certification process for Qualified Electronic Signatures (QES). It repealed the older, less harmonious Law 59/2003.
iii. Law 34/2002 on Information Society Services and E-Commerce (LSSI): Confirms that contracts concluded by electronic means produce all the legal effects required by law.
B. Legal Effect of Signature Types
The Spanish legal system aligns the probative value (evidentiary weight) of a signature with its technical security level:
| Signature Type | Security Level | Legal Effect/Probative Value | Burden of Proof |
| Simple Electronic Signature (SES) | Basic (e.g., typed name, clicking “I Agree”) | Admissible as evidence in court. | The party asserting the document’s validity must prove the signature’s authenticity. |
| Advanced Electronic Signature (AES) | High (Uniquely linked to the signer, tamper-evident) | Strongly admissible as evidence. Offers a high degree of confidence. | The party challenging the signature must prove it is not authentic (requires expert report). |
| Qualified Electronic Signature (QES) | Highest (AES + Qualified Certificate + QSCD) | The party challenging the signature must prove it is not authentic (requires an expert report). | Presumed valid. The burden of proof is entirely on the party challenging its authenticity. |
2. Documents That Can Be Signed Electronically
Due to the principle of “freedom of form,” any document that does not require a Notarial Deed (Public Deed) can be signed electronically, most commonly using an AES or a QES for higher assurance.
A. General Business and Private Contracts
These documents are generally valid with a Simple or Advanced Electronic Signature (AES is recommended for better security and evidence):
- i. Commercial Contracts: Sales contracts, service agreements, purchase orders, supply contracts, and general terms and conditions.
- ii. HR and Employment: Individual Employment Contracts and amendments (though some authorities may still prefer QES).
- iii. Lease Agreements (Private): Rental contracts for less than six years, or those not intended for registration with the Land Registry.
- iv. Corporate Documents: Non-Disclosure Agreements (NDAs), standard board resolutions, and internal corporate governance documents.
B. Documents with Public Administration (B2G)
For dealings with Spanish public authorities, government agencies, and the judicial system, a Qualified Electronic Signature (QES) is frequently mandatory.
- i. Tax Filings and communications with the Tax Agency.
- ii. Social Security procedures.
- iii. Judicial Filings by lawyers and public proxies.
3. Documents That Cannot Be Signed Electronically (Exclusions)
Spanish law maintains a requirement for the Authentic Form (Notarial Deed) for transactions that create or transfer high-value rights, typically involving official registry records. These procedures require the physical presence of the parties before a notary, rendering a purely electronic signature process impossible, though this is changing (see Notable Changes).
The following documents still generally require a Notarial Deed with a physical signature/process:
a. Real Estate Conveyance: Contracts involving the creation, transfer, modification, or termination of property rights over real estate (e.g., sale/purchase deeds for property, establishment of a mortgage).
b. Powers of Attorney (General or Preventive): While some specific, limited powers can be granted online, general powers of attorney typically require a notarial process.
c. Certain Family Law Agreements: Prenuptial agreements and certain matters related to succession or inheritance rights.
d. Corporate Constitutions and Amendments (Historically): Traditionally, the incorporation of companies required a notary, although this is the focus of recent reforms (see below).
4. Notable Changes in the Laws: Digital Notarization
The most significant recent change has been the move toward digitizing the notarial process, previously the biggest barrier to full end-to-end electronic transactions.
A. Law 11/2023 and Online Notarization
Law 11/2023, effective from November 2023, marks a crucial step by amending the Notaries Act to allow many notarial procedures to be authorized online via video conference. This innovation allows for electronic appearance and execution for:
- i. Company Incorporations: Simplifies the electronic establishment of limited liability companies (S.L.).
- ii. Revocation of Powers of Attorney.
- iii. Granting of specific, non-general Powers of Attorney.
- iv. Notarization of Signatures and the issuance of electronic certified copies.
This reform maintains the legal validity and reliability of the act while leveraging electronic means, effectively bridging the gap between the electronic world and the formal requirements of the Spanish State.
B. Consolidation of eIDAS
Law 6/2020 officially repealed the obsolete national electronic signature law (Law 59/2003) to ensure total, seamless compliance with the eIDAS Regulation. This clarified the legal standing of all three e-signature types and provided enhanced legal security for cross-border electronic transactions.
Disclaimer
The information on this site is for general information purposes only and is not intended to serve as legal advice. Laws governing the subject matter may change quickly, so Flowmono cannot guarantee that all the information on this site is current or correct. Should you have specific legal questions about any of the information on this site, you should consult with a legal practitioner in your area.
References
1. Royal Legislative Decree 1/2000 of 8 January, which approves the consolidated text of the Law on Civil Procedure (governs the evidentiary value in court).
2. Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS Regulation).
3. Law 6/2020 of 11 November, regulating certain aspects of electronic trust services.
4. Law 11/2023 of 8 May, which amended the Notaries Act regarding the use of digital tools in company law.
5. Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce.
