{"id":5264,"date":"2022-04-01T10:11:57","date_gmt":"2022-04-01T10:11:57","guid":{"rendered":"https:\/\/www.bbfconsultores.es\/?p=5264"},"modified":"2022-04-01T10:21:50","modified_gmt":"2022-04-01T10:21:50","slug":"justice-validates-the-electronic-signature-of-the-dni-for-telematic-judicial-acts","status":"publish","type":"post","link":"https:\/\/www.bbfconsultores.es\/en\/justice-validates-the-electronic-signature-of-the-dni-for-telematic-judicial-acts","title":{"rendered":"Justice validates the electronic signature of the DNI for telematic judicial acts."},"content":{"rendered":"
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Justice validates the electronic signature of the DNI for telematic judicial acts.<\/div>\n
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The need to have an active password or a centralised electronic certificate is eliminated.<\/div>\n
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A further step forward in the digitisation of Justice. The General Secretariat for Innovation and Quality of the Public Justice Service has approved, by resolution of 19 March 2022, the conditions of use of the electronic certificate for natural persons, as a mechanism of identification and signature of the persons interested in the actions carried out by telematic presence with the judicial bodies and others belonging to the Administration of Justice.<\/div>\n<\/div>\n
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On 26 May 2021, the same body issued a Resolution enabling Cl@veJusticia as a mechanism for identification and signature before the Justice Administration, with the aim of providing greater legal certainty to actions carried out by means of telematic presence.<\/div>\n<\/div>\n
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Qualified certificate and electronic signature incorporated into the DNI (National ID card)<\/div>\n<\/div>\n
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The Resolution extends the recognition of the use of the mechanisms regulated by the LPACAP 39\/2015 as identification and signature systems in the Justice Administration. The new text therefore validates the use of the qualified electronic certificate and the electronic signature incorporated into the National Identity Document, for natural persons, indicating the requirements that must be met to also ensure the integrity and unalterability of the signed data and those necessary to verify that said act was carried out.<\/div>\n<\/div>\n
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The Resolution justifies the establishment of these non-cryptographic signature systems in terms of simplicity for citizens and the fact that they have a system of security, traceability and integrity measures that are sufficient for the procedures that make use of them, without the need to remember or have a password or a centralised electronic certificate active.<\/div>\n
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Scope of application<\/div>\n<\/div>\n
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The terms and conditions set out in the Annex to the Resolution shall apply to actions carried out by means of telematic presence of the interested parties with the judicial bodies and other bodies dependent on the Administration of Justice, which enable mechanisms for the use of electronic certificates for natural persons, as a non-cryptographic electronic identification and signature system intended for use by the interested parties in their relations with these bodies.<\/div>\n
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Guarantees<\/div>\n<\/div>\n
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The implementation of this non-cryptographic electronic signature system must comply with the national security scheme (ENS), in order to guarantee the security of data and services, as an instrument capable of allowing verification of the authenticity of the origin and integrity of the information, providing the basis to avoid repudiation.<\/div>\n<\/div>\n
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The information systems in which the evidence of the interaction between the person concerned and the official is recorded by telematic means shall offer guarantees of authenticity and integrity of any exchange carried out, and shall preserve the electronic evidence by means of cryptographic signature systems or equivalent, in such a way as to ensure its unalterability and authenticity. All exchanges of information and documentation shall be validated by the official who is carrying out the action by telematic presence and the body responsible for the procedure shall issue a proof of signature stamped with its electronic seal.<\/div>\n
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Proof of authenticity<\/div>\n<\/div>\n
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The regulations stipulate that in order to accredit the authenticity of the expression of the will and consent of the person concerned, the following shall be required:<\/div>\n<\/div>\n
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1. Sufficient continuity in the interaction by telematic means, having, therefore, to guarantee a correct two-way audio and video transmission, where appropriate.<\/div>\n<\/div>\n
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2. Prior authentication of the interested party, carried out by means of electronic certificates at the time of the manifestation of the will contained in the procedural act.<\/div>\n<\/div>\n
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3. Prior verification by the interested party of the data to be signed.<\/div>\n<\/div>\n
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4. Explicit action on the part of the interested party to express consent and expression of consent and willingness to sign.<\/div>\n<\/div>\n
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Authentication and proof of signature<\/div>\n
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Evidence of the base identification information system shall be securely stored in the identification system itself. In addition, evidence on the information system making use of these systems shall also store the results of information exchanges with that identification system. Identification service providers shall safeguard such evidence for a minimum period of five years.<\/div>\n<\/div>\n
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In the signature process, the person concerned shall be provided with a document compiling the electronic evidence in which all the digital evidence of the performance of the act by means of telematic presence, or document justifying the performance, which shall be a legible document, in accordance with the technical interoperability standard of the catalogue of standards and preferably in PDF format, and which shall meet various requirements, including guaranteeing the authenticity of the issuing body by means of electronic sealing; contain the details of those attending the videoconference, as well as those of the signatory or signatories and the data to be expressly signed; guarantee the instant at which each signature was made, by means of a time stamp on the receipt, and guarantee the authenticity of the signature receipt by means of a secure verification code (CSV).<\/div>\n<\/div>\n
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Fuente: Noticias Juridicas<\/div>\n<\/div>\n<\/div><\/div><\/div><\/div><\/div>\n","protected":false},"excerpt":{"rendered":"","protected":false},"author":1,"featured_media":5308,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[109],"tags":[],"_links":{"self":[{"href":"https:\/\/www.bbfconsultores.es\/en\/wp-json\/wp\/v2\/posts\/5264"}],"collection":[{"href":"https:\/\/www.bbfconsultores.es\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.bbfconsultores.es\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.bbfconsultores.es\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.bbfconsultores.es\/en\/wp-json\/wp\/v2\/comments?post=5264"}],"version-history":[{"count":2,"href":"https:\/\/www.bbfconsultores.es\/en\/wp-json\/wp\/v2\/posts\/5264\/revisions"}],"predecessor-version":[{"id":5271,"href":"https:\/\/www.bbfconsultores.es\/en\/wp-json\/wp\/v2\/posts\/5264\/revisions\/5271"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.bbfconsultores.es\/en\/wp-json\/wp\/v2\/media\/5308"}],"wp:attachment":[{"href":"https:\/\/www.bbfconsultores.es\/en\/wp-json\/wp\/v2\/media?parent=5264"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bbfconsultores.es\/en\/wp-json\/wp\/v2\/categories?post=5264"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bbfconsultores.es\/en\/wp-json\/wp\/v2\/tags?post=5264"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}