A qualified electronic registered delivery service (servicio cualificado de entrega electrónica certificada) is an electronic sending service that meets article 44 of the eIDAS Regulation, run by a qualified provider on the trusted list. Data sent with it is presumed intact, sent by the identified sender, received by the identified recipient and at the date and time shown.
In practice
The eIDAS Regulation has two levels. Any electronic registered delivery service transmits data and provides evidence of sending and receipt. A qualified one also meets the requirements of article 44. The difference shows in court:
- If it is qualified, the law presumes the integrity of the data, the sender, the recipient and the accuracy of the date and time. Whoever challenges it has to carry out the check and, if it does not prove them right, pay its costs.
- If it is not qualified, it cannot be denied value as evidence just because it is electronic or not qualified. But it carries no presumption: if the other side challenges it, whoever relies on it has to back it with other evidence, and the judge weighs it freely, under the rules of sound judgement (sana crítica).
To find out whether a service is qualified, look it up on the trusted list. Qualification is per service: a provider can issue qualified certificates without its registered delivery being qualified. In Spain the list is published by the Ministry for Digital Transformation and the Civil Service, with its own category for this service.
Our Certified email service is not qualified. It is electronic evidence that a judge weighs freely if disputed, and it is not a fehaciente notification nor a substitute for a burofax. When it is enough: MASC by certified email and notice not to renew a rental contract.
What the law says
- Article 3, points 36 and 37, of eIDAS. Define the electronic registered delivery service and the qualified one, which is the one that meets article 44.
- Article 44. Requirements: provided by one or more qualified providers; identifies the sender with a high level of confidence and the recipient before delivery; secures sending and receipt with the provider's advanced electronic signature or seal; flags any change to the data; and dates sending and receipt with a qualified time stamp.
- Article 43. Evidential value for all (43.1) and a legal presumption only for qualified services (43.2).
- Article 22. Each Member State publishes its trusted list. In Spain, article 16 of Law 6/2020.
- Article 326 of the Civil Procedure Act (LEC). For non-qualified services, comparison with other evidence and sound judgement (326.2 and 326.3). For qualified ones, a presumption if the service was on the trusted list at the relevant time, and a fine of €300 to €1,200 for a reckless challenge (326.4).
Common mistakes
- Trusting the word "certified". Non-qualified services use it too, ours included. What counts is the trusted list.
- Checking the provider, not the service. Make sure the specific service is listed as qualified electronic registered delivery.
- Thinking a non-qualified service is worthless. It is valid evidence; what it lacks is the presumption.