New online contracting methods

Lawyou — viernes, 26 de febrero de 2021

Regulation (EU) No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (hereinafter eIDAS Regulation) aims to strengthen trust in online transactions by providing a common basis, which gives security to purchases and sales made within the Union.

Among the novelties included in this new regulation, LAWYOU’s lawyers highlight the non face-to-face identification procedure through videoconferencing.

For these procedures we must attend to state regulations, in particular Royal Decree 304/2014, of May 5, approving the Regulation of Law 10/2010, of April 28, on the prevention of money laundering and terrorist financing (hereinafter, RD 304/2014).

RD 304/2014 establishes in its article 21 the necessary requirements for business relationships and non-face-to-face operations.

When are we dealing with a non face-to-face transaction?

The aforementioned legal text considers non-face-to-face means, telephone, electronic or telematic means with customers who are not physically present.

What requirements are demanded?

First of all, the need for the customer’s identity to be accredited in accordance with the electronic signature regulations is established. In addition, this accreditation must be given by means of a copy of the identity document (DNI, NIF,…).

Secondly, the account from which the first payment is made must be in the name of the same customer and domiciled in an EU member state.

Likewise, the identification procedures must have been previously authorized by the Executive Service of the Commission for the Prevention of Money Laundering and Monetary Offences.

In particular, what do the conference identification procedures require?

These procedures shall be applicable to customers provided with reliable identification documents, in accordance with art. 6 RD 304/2014.

Therefore, it will be considered for Spanish individuals the DNI, and for foreign customers, the Residence Card, Foreigner Identity Card, Passport or in case they are EU citizens, the official personal identity document issued by the authorities of origin.

On the other hand, with respect to legal entities, public documents proving their existence and containing their corporate name, legal form, domicile, the identity of their administrators, bylaws and tax identification number are established.

LAWYOU’s lawyers consider that this form of contracting can be very beneficial, reducing costs and allowing open-mindedness when contracting, allowing the same opportunities to all countries, not exclusively to the bordering ones.

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