The new Law 6/2020, of November 11, regulating certain aspects of electronic trust services, is born, which complements Regulation (EU) 910/2014 and repeals Law 59/2003 of December 19 on electronic signature and the precepts incompatible with Regulation (EU) 910/2014.
MAIN NEW FEATURES.
ELECTRONIC CERTIFICATES:
Validity. No tendrán una vigencia superior a 5 años
Verification methods: It is envisaged that other methods may be introduced by regulation, such as video conferencing or video identification, providing equivalent reliability in terms of physical verification.
“By regulation, through an Order issued by the person heading the Ministry of Economic Affairs and Digital Transformation, other conditions and technical requirements for remote identity verification will be determined and, where appropriate, other specific attributes of the applicant for a qualified certificate, through other identification methods such as video conferencing or video identification that provide equivalent security in terms of reliability to physical presence, as assessed by a conformity assessment body. The determination of such conditions and technical requirements will be based on the standards that, where applicable, have been established at EU level”.
OBLIGATIONS AND LIABILITIES OF QUALIFIED TRUST SERVICE PROVIDERS:
This section highlights the rules on the protection of personal data, set out in Article 8, and the information security obligations established in Article 13. In addition, a much stricter supervision and control regime is introduced. Trust service providers are required to publish truthful information in line with the new law and Regulation (EU) 910/2014. An additional section for notifications regarding the certificate registry is created, so that providers that issue electronic certificates must have a public service for consulting the validity or revocation status of the certificates.
WHO WILL BE RESPONSIBLE FOR SUPERVISING AND ENSURING COMPLIANCE WITH THE NEW LAW?
The responsible body is the Ministry of Economic Affairs and Digital Transformation (we leave a link for more information: https://portal.mineco.gob.es).
He will also be responsible for publishing and updating the trusted list with information relating to qualified trusted service providers.
¿WHAT OTHER MATTERS DOES MINECO COVER?
The Secretariat of State for the Economy and Support for Business.
The State Secretariat for Digitalization and Artificial Intelligence.
The State Secretariat for Telecommunications and Digital Infrastructure.
DIANA CABALLERO AGUIRRE
CEO at Martínez & Caballero Abogados
