Legal and technical aspects you need to know about the use of certified email in companies

Certified email is a key tool for document management through legally valid corporate communications. It is a guarantee in terms of compliance with the regulations governing digital communications and the requirements to be reliable as evidence in litigation, with the advantage of its easy implementation.

A practical and effective solution within the reach of any company, regardless of its activity. You can check it out in this summary that shows you everything you need to know about the legal and technical requirements surrounding this tool.

Discover our certified email service for companies.

Basically, we focus on two sections:

• The legal aspects related to the use of certified e-mails: their full validity as evidence, their guarantee of privacy and security.
• The most significant technical details for the implementation of certified emails in a company with all the guarantees.

This is a summary of the role of certified email in the successful digitization of corporate communications.

Since the emergence of digitized communications, e-mail has become the main protagonist of both personal and business communications. It could not be more complete: immediate, easy to use and with the possibility of attaching all the documents you wanted. Moreover, all you needed was a computer and an Internet connection to use it.

However, these digital emails soon began to show their weak point for business uses, the lack of forcefulness to be accepted as valid evidence in litigation and in court. This legal authenticity is solved with the certified email.

Ordinary mails do not have full legal validity, i.e. they are not always admissible in claims or in court. The problem is that there is no way of verifying their authenticity in the different aspects required by the Spanish Code of Civil Procedure (date of sending, identity of sender and receiver and unalterability of the content, including attached documents).

These are just the issues that are solved in the certified email, which collects and safeguards these sender, delivery (making available on the destination host) and content (email/HTML and/or attachment) events.

The certified email is so legally solvent that it is admitted and recognized as proof of full legal probative validity depending on the evidence it collects. This is a significant step forward for companies that decide to use it in the management of their legal communications.

Even in the legal even for companies in the legal sector, certified email is a guarantee of full legal validity in all their communications.

Ensuring data privacy and security has become a priority for authorities since digital communications have imploded. It is easily demonstrable by looking at the latest European directives on this subject.They put the focus on digital communications because they are currently in the majority and because the risks of exposure of private data and security problems are very high.

Certified emails, managed with a Qualified Trusted Service Provider, ensure compliance with eIDAS and GDPR.

This is the reality of the new era in communications with eIDAS2.

However, legally valid communications are not only subject to generic rules. There are sectors of business activity that are specially regulated and require extra guarantees in these matters. We are thinking of insurance companies, companies in the health or financial sector.

The certified email is an effective vehicle to combine communications, being able to integrate other functionalities that may be required in different cases:

• Customer identification and authentication (KYC).
• Signature processes: simple, advanced and qualified.
• Choice and certification of evidence.
• Documentary composition, custody and notarization.

One of the reasons for the boom in the use of certified e-mails in companies is their ease of implementation. Technically, the provider takes care of implementing the sending platform, without the need to change the company’s own management systems (ERP, CRM, etc.).

However, in order for the service to offer its full versatility and effectiveness, there are some minimum criteria that must be met.

This is the only certification provided by the competent authorities, in the Spanish case, the Ministry for Digital Transition and Public Function.

For your company, this means that data sent and received through our applications will be admissible as evidence in legal proceedings, even if it is in electronic format.

There are other interesting certifications and accreditations, which increase the solvency and security of the company providing the service. These are some examples. All of them are granted by recognized organizations and institutions and after strict audits of the communication service provider companies.

• AENOR NIS2 compliance, demonstrating commitment to cybersecurity and privacy.
• Certification of Conformity with the ENS (National Security Scheme), which confirms that the systems are optimized in everything related to security, cybersecurity and privacy of information. Critical for contracting with Public Administrations.
• AENOR ISO 22301 Business Continuity. Very interesting because it refers to the capacity to maintain the communications service active in the event of emergencies, catastrophes or extremely serious situations.

These are all the advantages of working with a Qualified Trusted Service Provider.

If you really want your company to optimize its commitment to digital transformation, we recommend working with a provider that has an omnichannel platform. The great advantage of this system is that you have, in addition, other possibilities, such as postal Burofax, SMS or Whatsapp, all certified.

Thus, it is possible to manage automatic resending in case of non-response and the combination of sending channels.

Discover our platform Certysign, an exclusive solution that we put at your disposal.

At MailComms Group we are leaders in omnichannel communications and we have the highest certification for the quality of our service.