Legal Validity

Registered electronic communications are a type of Telematics means where a third party, alien to the communication, bears witness of the communication. For Lleida.net, we refer to SMS and email when talking about registered electronic communications

Electronic communications are defined in Article 3 of the eIDAS Regulation, providing the following definition:

“Electronic registered delivery service” means a service that makes it possible to transmit data between third parties by electronic means and provides evidence relating to the handling of the transmitted data, including proof of sending and receiving the data, and that protects transmitted data against the risk of loss, theft, damage or any unauthorised alterations.

Conventional electronic communications are easy to manipulate. As a result, an unregistered electronic communication is very easy to challenge in legal proceedings

Sending registered mail via Lleida.net's systems minimises that risk. A third party is involved in the communication that records the events taking place from the moment it is sent until it is delivered to the addressee, along with the content of the text and attachments of the communication.

Registered electronic communications constitute a consolidated communication service for individuals, companies and public entities, enjoying the validity, effectiveness and probative admissibility of the certification of authenticity issued in any judicial proceedings.

Under the eIDAS Regulation, legal effects of the service are described under the generic term Certified Electronic Delivery Service, as it defines that:

“Data sent and received using an electronic registered delivery service shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements of the qualified electronic registered delivery service”.

Furthermore, Law 6/2020 on Electronic Trust Services, and the Civil Procedure Act, acknowledge electronic documents as means of proof and notification.

Along the same lines, Article 24 of the LSSICE acknowledges that the general rules of law apply to proof of the conclusion of an electronic contract and its admissibility as documentary evidence.

On this service abounds jurisprudence and other resolutions issued in recent years recognizing their validity.

Every event that occurs from the sending to the delivery of the electronic communication is recorded in documentary evidence collecting all the information registered in the process.

Accordingly, it provides proof, enforceable by law, of who sent it, when it was sent, when it was received, whence it was sent, where it was received, and the content of the communication itself and the attachments.

This document is in PDF format and is signed with a qualified time stamp in compliance with EU Regulation 910/2014 and the RFC 3161 Internet X.509 Public Key Infrastructure Time-Stamp Protocol (TSP) standard.

The documentary evidence constitutes private proof and evidence wrapped in technological security measures to protect its content. Evidence is collected solely and exclusively in LLEIDA.NET's controlled environment, equipped with an Information Security Management System certified to ISO 27001:2013. All the information is recorded in a document, digitally signed with a qualified signature, and a timestamp from a Certification Authority included.

This document is stored securely in accordance with the criteria of the Information Security Management System. Lleida.net safeguards the documentary evidence for a minimum period of 5 years and may confirm its authenticity, integrity and legality at the client's request and the request of the Court if its validity is questioned.

The documentary evidence is fully legally valid and includes:

  • Sending data:

    • Company name, user ID and sender's email address

    • Destination email address

    • Date and time of remittance

    • Date and time of delivery

    • Status of the recipient's mail server

    • Email content and attachments (up to 5 MB)

  • Technical Annex to the remittance:

    • Message ID

    • IP of the outgoing mail server

    • IP of the destination mail server

Furthermore, with the communication certificate, LLEIDA.NET provides an Addendum, an additional service to the registered email. A PDF attachment is issued with the display information once it is detected that the inserted pixel has been downloaded. The Addendum is a cost-free service included by default in the Registered Email service. (can be disabled on request).

The Addendum attests that the recipient of the registered e-mail has viewed the contents of the email. Once generated, it is available on the web platform of the service https://portal.burofaxelectronico.com/.

The documentary evidence shall include on top of the above information the following:

  • Date and time of access to the content

  • IP address of the device

  • User Agent

Law 34/2012, dated July 11, on Information Society Services and Electronic(LSSI*) states:

" it is deemed to have been received and confirmed when the parties to whom it is addressed may take note of it. If the receipt of the acceptance is confirmed by acknowledgement of receipt, it shall be presumed that the addressee can have the said receipt as soon as it has been stored on the server on which his e-mail account is registered or on the device used for the receipt of communications".

It shall be presumed that the recipient shall have access to the previous record as soon as the message has been stored on the server on which their email account is registered or on the device used for the receipt of communications.

This implies that it is sufficient to certify that the communication is available to the receiver (that is, on its mobile phone if it is a Registered SMS, or on its email server if it is a Registered email) for it to have legal validity.

Lleida.net, a trust service provider formerly known as a trusted third party, currently operates in the Information Society as a legal entity providing trust services through tools ranging from traditional electronic signatures to registered electronic deliveries, to name but a few.

EU Regulation ) 910/2014, on electronic identification and trust services for electronic transactions in the internal) eIDAS:

‘trust service provider’ means a natural or a legal person who provides one or more trust services either as a qualified or as a non-qualified trust service provider;”

LLEIDA.NET implements specific security procedures, reliable systems and products, and secure electronic communication channels to guarantee a reliable environment under the sole control of LLEIDA.NET, to ensure that the service provided is equivalent to that provided and offers the same guarantees and acknowledgement as that used in an environment fully managed by the user.

Lleida.net's services have been growing steadily and provide their users with a range of services to send documents to be signed.

Lleida.net's dedicated service for signing documents is called Click & Sign, which is available in a standard or customised version according to the customer's requirements.

As in all Lleida.net's registered services acting as a trust service provider, documentary evidence in PDF format is issued at the end of the process, recording the events of the signature process, as explained in detail in the previous questions.

Lleida.net is a qualified service provider in compliance with the eIDAS Regulation for the European Union and a telecommunications operator in several countries, including Spain, where it is licensed by the CNMC to operate.

As Trust Services Provider (TSP), we provide solutions for eNotification and eContracting, eSignatures, KYC 2.0 identity validation processes, and SMS Solutions.

Lleida.net simplifies the digitalisation processes, ensuring legal guarantees in its online communications. Lleida.net's certification services use its proprietary patented technology and it is easy to use, does not require any software installation and reduces the use of paper

Lleida.net provides security and profitability to the electronic communications of companies, improving its results. The key feature of the development of Lleida.net is the innovation in its services , based upon two premises: the ability to listen, understand and satisfy the needs of customers and, as a team, being able to transform these needs into results through R&D in house processes.

Lleida.net was born in 1995 to provide Internet access service, as well as hosting service and sent its first SMS in 2002. Its clients led Lleida.net to investigate how to send secure communications with proof of delivery. Thus, Lleida.net developed electronic notification solutions: Registered SMS, Registered Email, Registered Invoice, Registered Receipt, Openum and Openum eIDAS, Electronic Contracting solutions including Registered SMS Contract, Registered Email Contract, Click & Sign and Know Your Customer (eKYC) solutions.

Qualified under the European eIDAS regulation in the "Registered Electronic Delivery Services" category, it is currently listed on the BME Growth, Euronext and OTC. It has more than 200 patents worldwide and a Telecommunications Operator Licence in the United States, Colombia, United Kingdom, France and Spain (with CNMC licence). From its 19 worldwide offices it provides its services to banks, insurers, Insurtech and fintech companies , telecom companies, governments, employment agencies, postal services, utilities, retailers and many other organizations.