What is the validity of the electronic signature in the world?

Signaturit is a qualified trust services provider certified by the European Union. The trust services provided by Signaturit are regulated by Regulation EU 910/2014 ("eIDAS Regulation"), directly applicable in all member states of the European Union. One of the main objectives of the eIDAS Regulation is to facilitate electronic transactions within the European Union and to create a digital single market where there is free interaction between member states. Therefore, Signaturit services are perfectly valid within the entire European Union.

Regarding those countries that are outside the European Union, it is important to note that each country has its own regulation. However, in recent years, the vast majority of countries have seen progress in regulating electronic signatures, admitting their use and recognizing their legal validity. Likewise, it is important to highlight that in most of the countries the principle of contractual freedom is applicable, and therefore, the parties are free to agree using an electronic signature to execute agreements. In this sense, and in application of the principle of contractual freedom, whenever the parties decide to conclude a contract by electronic signature, it is recommended that they express their express consent within the agreement in order to avoid any possible revocation from any of the relevant parties.

In the same way, every time a Spanish (or European) company enters into an agreement with a foreign party, the parties can agree within the contract that Spanish law will be applicable to the agreement and that the Spanish Courts will have jurisdiction to resolve any possible dispute that may arise between the parties (or of any other member state of the European Union). In this way, the parties will ensure that the interpretation of the electronic signature will be subject to the eIDAS Regulation, which, as we previously said, regulates and recognizes the full legal validity of the electronic signature. An example of the wording of said clause could be the following: “This Agreement shall be exclusively governed by Spanish law, being the Parties submitted to the exclusive jurisdiction of the Courts of […] for the resolution of any dispute that may arise between them, expressly waiving any other jurisdiction that may apply”

 

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