Qualified electronic signature in the fight against money laundering

Recently, Real Decree-Law 7/2021, of April 27, has been published, which amends Law 10/2020 (Adaptation of the Fifth Anti-Money Laundering Directive). As a novelty, and taking into account the guarantees offered by the qualified electronic signature, it is now possible for the identity of the client to be accredited by means of this kind of signature, regulated in Regulation (EU) No. 910/2014 of the European Parliament and of the Council, of July 23, 2014.

This novelty alludes to the amendment of Article 12 of the aforementioned Law, relating to business relationships and non-face-to-face transactions.

Thus, according to the variation of this article:

• The regulated entities may establish business relations or carry out transactions by telephone, electronic or telematic means with customers who are not physically present, as long as any of the following circumstances are involved:
• a) The identity of the customer is accredited by means of the qualified electronic signature regulated in 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. In this case it will not be necessary to obtain the copy of the document, although it will be mandatory to keep the identification data that justify the validity of the procedure.

Qualified electronic signature in the financial sector

Since its emergence, the qualified electronic signature has been presented as the best option in terms of security and accreditation of a signatory’s digital identity. Of all the types of electronic signature available on the market, the qualified electronic signature is the one that provides the highest level of security and veracity, thanks to its complexity and, for legal purposes, is comparable to the traditional handwritten signature.

There are certain cases in which the qualified signature will be chosen, either because it is convenient to have the maximum legal guarantees, or because the legislation itself obliges us to make use of an electronic signature equivalent to the handwritten one.

This novelty in the Law especially affects companies in the financial sector. Banks, credit agencies and financial institutions manage a large number of documents on a daily basis, from account opening, loan agreements, commercial agreements, invoicing, etc.

Financial digital transformation

Since these organizations often operate in different branches, they need to have an efficient centralization of all their documents and tools. And, as this involves sensitive information that may in certain cases require legally valid evidence, qualified electronic signatures are the best option.

The financial digital transformation is an indispensable requirement to face the growing competitive environment of the sector. The birth of new business concepts leads to a restructuring of the entire commercial activity, where competing with the rest of the companies is based on the optimization of management and time. It is here where having solutions such as qualified electronic signature becomes a competitive advantage to face the changes in the sector. Contact us and we will help your company to have the best solutions in digitization, optimization and improvement of your customers’ experience.

Consult here the Real Decree-Law 7/2021, of April 27th, on the transposition of European Union directives in the areas of competition, prevention of money laundering, credit institutions, telecommunications, tax measures, prevention and repair of environmental damage, posting of workers in the provision of transnational services and consumer protection.