In recent years, electronic communication has become an indispensable tool for both businesses and individuals. However, ensuring the delivery and authenticity of these messages can present challenges. In this article, we explore how the eIDAS regulation and the role of the Trusted Service Provider (TSP) have driven the adoption of Certified Communications with proof of delivery in Spain, creating a success story that can serve as a model for other countries. While many nations have implemented electronic signature solutions, some have yet to adopt strategies that enhance the security, traceability, and evidential value of electronic communications, such as emails or SMS.
Starting Point
In the past, the evidentiary power of emails and text messages (SMS) was uncertain, making it difficult to accept them as solid evidence in legal proceedings. This was due to the relative ease with which systems could be manipulated, leading to the alteration of contents, dates, and other details. Furthermore, legal proceedings often occur years after the messages were sent, complicating the collection of necessary evidence for a thorough expert analysis.
The Evolution
The development of certified communication solutions has significantly improved the resolution of these issues. These solutions have proven capable of generating irrefutable evidence, ensuring the authenticity, traceability, and integrity of messages. Additionally, they enable the creation, signing, sealing, and storage of all evidence during the communication process, expediting legal procedures and providing total legal certainty.
Key Factors
Two key events played a crucial role in overcoming obstacles and accelerating the adoption of certified electronic messaging solutions.
First, the Spanish Supreme Court issued a landmark ruling concerning a certified notification sent via the Namirial solution. This ruling validated the use of such evidence in legal proceedings, facilitating wider acceptance and trust in Certified Communication within the legal system. As the effectiveness of these solutions has been demonstrated in court, skepticism and distrust have diminished considerably. A notable example is our Certified Communication platform, which has processed over 100 million notifications in Spain without a single adverse judgment, further reinforcing the reliability of this evidence.
Second, several lawsuits highlighted the consequences of failing to provide irrefutable proof of communication. Certain companies were forced to cover all insurance claims expenses or pay hefty fines because they could not prove they had informed customers about the termination of service coverage. These companies had relied on postal or electronic means that did not generate indisputable evidence, underscoring the importance of certified messaging solutions to guarantee communication traceability and authenticity.
These events underscored the necessity and benefits of adopting certified electronic messaging solutions, spurring their acceptance and trust within the legal field.
Acceleration
Once the legal framework was established, the widespread adoption of certified electronic messaging solutions accelerated, driven by several factors.
First, the ease of implementation of these solutions, which are similar to the process of sending an email or SMS, along with their seamless integration into organizations’ communication processes, proved decisive.
Moreover, the traceability and real-time tracking of certified message delivery are vast improvements over traditional mail. Organizations gain visibility into delivery status and receive acknowledgments of receipt, streamlining operations and reducing uncertainty.
Finally, certified messaging solutions provide more comprehensive details and certified evidence than traditional emails. This includes information such as the exact date and time of sending, the full content of the message, and the identities of both the sender and recipient, making communications more reliable and secure. Additionally, these solutions offer significant cost savings compared to postal services.
As a result of these factors, certified electronic messaging solutions have become the preferred choice for organizations, delivering greater efficiency, security, and confidence in communication processes.
Conclusion
Spain’s adoption of certified communication with proof of delivery serves as an inspiring example for all of Europe. The successful implementation of these communications—bolstered by the absence of adverse rulings and supported by the eIDAS legal and regulatory framework and Trusted Service Providers—has laid a strong foundation for secure and reliable electronic communications.
The tangible benefits, including increased efficiency, security, and compliance, experienced by businesses and individuals in Spain present a valuable opportunity for other European countries. By leveraging the lessons learned in Spain, these countries can promote the widespread adoption of certified communications across Europe.
By implementing these solutions, organizations and individuals will benefit from more efficient communication processes, reduced delivery times, improved traceability, enhanced security, and compliance with data protection and privacy regulations.
In short, the Spanish case demonstrates how Certified Communication can transform the way we communicate electronically, fostering trust, security, and efficiency. Now is the time to seize this opportunity and promote the adoption of these solutions throughout Europe, benefiting all stakeholders and advancing secure and reliable electronic communications across the region.