Are electronic signatures legal in Spain?

eIDAS and Ley 6/2020

Regulation 910/2014 (eIDAS), amended by Regulation 2024/1183, sets the EU-wide rule in article 25: an electronic signature can't be denied legal effect or admissibility in court because it's electronic or isn't qualified, and a qualified electronic signature has the same legal effect as a handwritten one. Ley 6/2020, de 11 de noviembre, in force since 13 November 2020, complements the regulation and repealed Spain's earlier e-signature law, Ley 59/2003.

Article 3 of Ley 6/2020 says electronic public, administrative and private documents have the value and legal effect that corresponds to their nature under the law that applies to them. So an e-signed private contract is a private document like a paper one; it doesn't become a public deed.

How each level is proved in court

• Simple and advanced signatures use non-qualified trust services. If authenticity or integrity is challenged, the court checks it under article 326.2 and 326.3 of the Civil Procedure Act (Ley de Enjuiciamiento Civil), typically with expert evidence.
• Qualified signatures. Under article 326.4, the document is presumed to have the disputed quality if the qualified provider was on the trusted list at the relevant time. The challenger must carry out the check, pays for it if it fails, and can be fined 300 to 1,200 euros for a reckless challenge.

Many Spaniards already hold qualified certificates. The electronic national identity card (DNIe) carries signature certificates, and Ley 6/2020 kept in force the royal decree that regulates them (Real Decreto 1553/2005).

What needs a notary or handwriting

Article 1280 of the Civil Code requires a public document for, among others, acts that create, transfer, modify or extinguish real rights over real estate, leases of six years or more that are to affect third parties, marriage contracts (capitulaciones matrimoniales), and general powers to litigate. A purchase agreement for a flat can still be signed electronically, and under article 1279 either party can then require the other to execute the deed.

A holographic will (testamento ológrafo) must be written out in full and signed by the testator, with the year, month and day (art. 688), so it can't be made with an e-signature platform. Most Spanish wills are made before a notary instead.

Where SignMaster fits

SignMaster provides simple electronic signatures, not qualified ones. That fits most Spanish business paperwork: service contracts, rental agreements for holiday lets, supplier terms, budgets (presupuestos) and photo releases. Signers can use the signing page in Spanish, and the signed PDF includes a certificate of completion with each signer's email, IP address and timestamps, plus a SHA-256 fingerprint, which is the kind of evidence an expert would review under article 326.