Conventional electronic communications are easy to manipulate. Being relatively simple for a unregistered electronic communication to be challenged in court.
Certification minimizes the risk to its lowest terms, thanks to a third party proving content and timing of the communication. To prove content, a document including a set of technical measures is provided, preventing any possible debate on such data. We issue a certificate, including our digital signature with the message hash and a time stamp from a Certification Authority.
Definitely yes. Both Article 24 of the LSSICE, which refers to the Civil Procedure Law, as the LEC recognize electronic documents both as evidence and as notification. According to the Spanish Supreme Court Sentence 2501/2013 21st March:
"el procurador de los tribunales obtuvo la efectiva notificación y requerimiento en forma telemática, con los certificados electrónicos acreditativos de la práctica de ello, emitidos por un prestador de servicios de certificación."
A registered electronic communication (whether SMS or email) is in any case an item of legitimate documentary proof in court, and subject to the norms thereof.
- If not impugned, it constitutes proof in full - If its validity as proof is impugned, this will be determined by the judge.
The certificate is the documentary proof the attestation, of the sending of the communication.
Of course. In common law legal systems, a contract requires a consent, an object and a cause. To prove the existence of such consent electronic communications are perfectly valid, as before mentioned. The existence of a third party providing proof of the existence of that agreement involves the documentary evidence very difficult to destroy.
As per Lleida.net we certificate both registered e-mails and registered SMS b bidirectionally, generating legally binding electronic contracts.
Article 28.2 of the LSSICE states that "it is deemed to have been received and confirmed when both involved parties have record of it. If reception is confirmed by acknowledgement of receipt, it will be presumed that the recipient has the aforementioned evidence since it has been stored on the server where his email account is or in the device used to receive the communication".
Therefore certifying that the communication is available to the recipient in the mobile for a registered SMS or in the mail server for registered e-mail,is enough to be legally binding,
Broadly speaking, a trusted third party (TTP) can be described as an entity trusted by other entities with respect to security-related services and activities, storing them recording date and time.
Lleida.net is the first communications operator providing services as third trusted party. As operator, the company has been asked on hundreds of times by Courts and Tribunals the purpose being to certify the data of a particular communication. That forces us to fulfil all the obligations inherent to the authorization.
From the experience and knowledge of the customer needs, we got the know-how we need to continue to provide our services with the highest quality certification and credibility.