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What it is

Rules for signing documents electronically

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 10 June 2003. Introduced by: Gobierno.

Official title: Government bill on electronic signature.

Follow this law

Source: Congreso de los Diputados, file 121/000158· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law regulates electronic signatures, their legal validity, and certification services, without changing the rules on the validity of contracts.
  2. There are three types of signature: electronic, advanced electronic, and recognized electronic. Only the recognized one, based on a recognized certificate and created with a secure device, has the same value as a handwritten signature.
  3. Providing certification services requires no prior authorization and operates under free competition. Providers only need to notify the Ministry of Science and Technology when they start their activity.
  4. Providers issuing recognized certificates must verify the applicant's identity, meet security obligations, and take out liability insurance of at least €3,000,000.
  5. The electronic national identity card proves the holder's identity and allows signing documents electronically. All individuals and entities must recognize its validity.
  6. Violations are classified as minor, serious, or very serious, with fines of up to €600,000. Very serious violations can also lead to a ban on operating in Spain for up to two years.

Who it affects

  • Individuals and businesses that sign documents electronically: They can use electronic signatures; the recognized one has the same value as a handwritten signature.
  • Certification service providers: They must meet security, information, and financial guarantee obligations, and are liable for damages they cause.
  • Public administrations: They may impose additional conditions for using electronic signatures in their procedures.
  • Holders of the electronic national identity card: Their ID card can be used to prove their identity and sign documents electronically.

Words worth knowing

Prestador de servicios de certificación (certification service provider)
A person or company that issues electronic certificates and offers services related to electronic signatures.
Certificado electrónico (electronic certificate)
A document signed by a provider that links signature verification data to a person and confirms their identity.
Certificado reconocido (recognized certificate)
A certificate issued under stricter requirements for identity checks and provider guarantees.
Dispositivo seguro de creación de firma (secure signature creation device)
A program or system that creates the electronic signature with guarantees of secrecy and protection against forgery.
Declaración de prácticas de certificación (certification practice statement)
A public document where the provider details the conditions and obligations it meets when managing certificates.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced10 June 2003Someone registers the text in the Congreso.
  2. Admitted17 June 2003The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments20 June 2003Groups propose changes.
  4. Committee7 July 2003A committee goes through the text in detail.
  5. Plenary16 September 2003All 350 deputies vote.
  6. Senate25 September 2003The Senate can pass it, amend it or veto it.
  7. BOE11 December 2003It is published in the Official State Gazette (BOE) and comes into force.
See the 11 official steps on a timeline
Jun 2003Jul 2003Aug 2003Sept 2003Oct 2003Nov 200311. 10 June 2003: Presentación22. 17 June 2003: Comisión de Ciencia y Tecnología Publicación desde 17/06/2003 hasta 20/06/200333. 17 June 2003: Calificación44. 20 June 2003: Comisión de Ciencia y Tecnología Enmiendas desde 20/06/2003 hasta 09/09/200355. 5 July 2003: Comisión de Ciencia y Tecnología Mesa - Calificación desde 05/07/2003 hasta 07/07/200366. 7 July 2003: Comisión de Ciencia y Tecnología Debate de totalidad desde 07/07/2003 hasta 08/07/200377. 9 September 2003: Comisión de Ciencia y Tecnología Informe desde 09/09/2003 hasta 11/09/200388. 11 September 2003: Comisión de Ciencia y Tecnología Dictamen desde 11/09/2003 hasta 16/09/200399. 16 September 2003: Pleno Aprobación desde 16/09/2003 hasta 25/09/20031010. 25 September 2003: Senado desde 25/09/2003 hasta 11/12/20031111. 11 December 2003: Concluido - (Aprobado con modificaciones) desde 11/12/2003 hasta 19/01/2004

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

Published in the BOE: Law 59/2003, of 19 December, on electronic signature.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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