1.  Which documents can use an electronic signature and take legal effect?
  2. Which documents cannot use electronic signatures and take legal effect and why?
  3. What are the legal requirements for electronic signatures on documents?
  4. Are there any proposals to change the law relating to electronic signatures? 
  5. Are there any other factors which prevent documents being entered into in electronic format?

jurisdiction

Spain

As a general rule a document between two private parties (which are fully valid and enforceable “inter-parties”) can be signed using electronic signatures, provided that such a document does not need to be recorded with the Spanish Land Registry (“Registro de la Propiedad”) and/or formalised before a Notary (see next column). This includes:

  • Sale and purchase contracts;
  • Leases and agreements for lease;
  • Options and pre-emption agreements;
  • Deposits;
  • Guarantees;
  • Easements; Non-disclosure agreements;
  • Exclusivity agreements; and
  • Any other private document.

Documents to be notarised require a wet ink signature and cannot be executed with an electronic signature.

The vast majority of documents will need to be notarised to be enforceable against third parties. These include:

  • Sale and purchase deeds;
  • Notarised leases;
  • Options and pre-emption rights deeds;
  • Deeds of easements; and
  • Powers of attorney to execute transactions requiring a deed (i.e. creation of a mortgage or a sale and purchase deed to be recorded in the Land Registry). 

Some documents must be notarised for registration with the Spanish Land Registry in order to take full legal e ect. These include:

  • Mortgages/charges;
  • Surface right deeds ("derecho de superficie"); and
  • Rights of use of real estate for a rotatory term ("derecho de aprovechamiento por turno de bienes inmuebles").

There are no additional legal requirements for an electronic signature of a Real Estate document.

4. Are there any proposals to change the law relating to electronic signatures? 

No.

5. Are there any other factors which prevent documents being entered into in electronic format?

Possibly, if the document has to be treated as executed in a foreign jurisdiction. If the place of signature or the location of the document has particular legal consequences, it may be better to have a physical signing.