Polkadot JAM Slides - Token2049 - By Dr. Gavin Wood
Legal Framework for Electronic Records in LATAM and Spain
1. Legal framework on Authenticity and Management of Electronic Records in LATAM and SPAIN
2. “ The year is 2045, and my grand children (as yet unborn) are exploring the attic of my house (as yet unbought). They find a letter dated 1995 and a CD-ROM (compact disk). The letter claims that the disk contains a document that provides the key to obtaining my fortune (as yet unearned). My grand children are understandably excited, but they have never seen a CD before —except in old movies— and even if they can somehow find a suitable disk drive, how will they run the software necessary to interpret the information on the disk? How can they read my obsolete digital document?” Jeff Rothenberg “ Ensuring the Longevity of Digital Documents” that appeared in the January 1995 edition of Scientific American (Vol. 272, Number 1, pp. 42-7). Jeff Rothenberg
16. Other LATAM Countries Country Legislation on e-document Legislation on e-signature Brazil No Only for the public sector Costa Rica Yes Yes Dominican Republic Yes Yes Guatemala Yes Yes Panama Yes Yes Peru Yes Yes Uruguay Yes Yes Venezuela Yes Yes
19. Distance agreements and E- Comerce – Legal framework In Spain, the Act 34/2002 on Information Society Services and Electronic Commerce (hereinafter LSSI) unified the main issues regarding the validity and effectiveness of distance contracts, either from a civil or commercial perspective LSSI is the result of the implementation of the Directive 2000/31/EC of the European Parliament and of the Council of June 8, 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market
23. Legal Framework The use of electronic evidences in judicial proceedings is provided at the Spanish Civil Procedural Law (LEC). Article 299.2 LEC provides that any devices able to store and reproduce words, figures, sounds and images are admissible as evidence in judicial proceedings in the same manner as traditional evidence. Art. 24 states that evidences of an agreement perfected through electronic means shall be admissible under the same conditions as traditional evidences.
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25. Regular Electronic Signatures Recognized/Certified Electronic signature, as a stronger type of Advanced electronic signature based on a certificate recognized and generated through a secure-signature-creation device. Recognized/ Certified Electronic signatures are granted the same validity as a handwritten signature 1 2 3 Advanced Electronic signatures, which permit identifying the signatory and the integrity of the data signed and In Spain, we can make a triple classification of electronic signatures according to the progressive evidence effectiveness arising from each one of them. This classification is mainly based in the device used to create and store them: Documents signed using electronic sigantures
26. Conclusions Distance agreements are valid and shall produce all of the effects foreseen by the legal system as long as they meet the requirements provided for the validity of traditional agreements. There is no need of a prior agreement between the parties in order to use electronic means of transactions. If a person is required to produce a document that is in the form of paper, the requirement is deemed to have been met if the person produces, by means of an electronic communication, an electronic form of the document.
