YES. Evicertia is the first company of its kind that has an edict from the Supreme Court of Spain in its favor, which confirms the validity of its services.
The legislation of Europe, Latin America and countries governed by Anglo-Saxon law (common law) admits the validity of documents, contracts and communications made electronically in numerous standards. Therefore, we can guarantee that the evidences provided by Evicertia are admissible in a trial.
However, the crucial question facing us is the evidentiary effectiveness of electronic media and the procedure used depending on what you want to demonstrate.
If the other party impugns the validity of an evidence, then the involvement of experts would be necessary and the judge will assess the evidence according to their healthy criticism. This can happen both with an electronic evidence and with any paper document (e.g. if there is a rejection of a handwritten signature).
The difference between using Evicertia and other means (e.g. sending the contract by fax) is precisely that evidentiary effectiveness in this possible situation. Here we can provide much more evidentiary strength in aspects such as the integrity of the content, its authenticity, the identity of the parties or the moment of the event to be demonstrated. The most important thing is that Evicertia breaks the unilaterality of the evidence (since the proof is provided by a third party, an auditor independent to the parties in dispute accompanied by a notarial act).
In general, for private documents, due notifications and contracts, Evicertia offers all the guarantees needed, in many cases surpassing the traditional means to win any possible objection. For example, when signing a contract of a private paper contract, it is usual for witnesses not to take part, nor placing on verifiable record of the moment when the signature was made. Another example is that of a normal certified letter: it does not imply obtaining any evidence or guarantee on the content sent, since just the shipment is certified, and not the content.
In any case, it is important to be aware of the risk assumed, which is what it wanted to be demonstrated, and to take the necessary steps as the case may be. For example, if the operation is at risk of rejection, it is important to link the identity of each party with the means of communication used. In other words, just as we must use the postal address of the registered office or the fax number that was provided to us by the other party and not another one, we must ensure that the cell number, the e-mail address… that we are using really belongs to the other party, or failing this, that there is a prior agreement which guarantees that it is a valid means of communication.
It is also worth noting that there are specific areas that may be regulated specifically or that, due to the risk of the operation, additional requirements of those offered by Evicertia as standard are necessary. A good example is the signature of a mortgage, or the entry register of a local government.
Therefore, if the case of use is especially regulated or is focused on the operations with a high level of risk (because of the value, due to the threat of fraud…), do not hesitate to contact us to discuss it with a specialist.
Nevertheless, our goal is to avoid coming to trial, since with Evicertia you will have a powerful negotiating weapon. Even in a trial, the objection is not for free for the person who impugns, so the other party must think twice, and using Evicertia has an important deterrent effect.