Proving the document existed before the service and certifying issuance, collection and delivery: time-stamping
The regulation requires the date and time of creation of the electronic file to be recorded, in order to prove that the DeCA was generated before the transport began. Logalty issues Qualified Time-Stamp Certificates (TSA) that provide reliable evidence of that moment. The same time stamps allow eCMR platforms to certify each milestone of the transport process — issuance, collection and delivery — so that the entire time-based audit trail is covered automatically.
Signing the DeCA when it has contractual value: advanced or qualified signature
To sign the DeCA where the document is used for contractual purposes, and thereby meet the requirement set out in the regulation, which states:
“as a minimum, the advanced electronic signature (AdES: Advanced Electronic Signature) defined in Regulation (EU) 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 (the eIDAS Regulation) shall be used.
Qualified electronic signatures (QES: Qualified Electronic Signature) under the eIDAS Regulation shall also be valid.”
Logalty issues qualified certificates for:
- Individuals acting on behalf of a company
- Legal representatives
- Citizens (for self-employed professionals)
- Corporate seals
This means hauliers and drivers have access to whichever certificate suits their circumstances, allowing them to sign the DeCA with full legal validity.
What’s the difference between an advanced and a qualified signature?
The advanced signature (AdES) meets the requirements of Article 26 of the eIDAS Regulation: it is uniquely linked to the signatory, allows the signatory to be identified, is created using data the signatory controls exclusively, with a high level of assurance, and is linked to the document in such a way that any subsequent alteration can be detected.
The qualified signature (QES) is an advanced signature created using a qualified signature creation device and based on a qualified certificate. It represents the highest level of signature recognised under eIDAS and carries a legal presumption of equivalence to a handwritten signature. Under Article 326.4 of the Civil Procedure Act (Ley de Enjuiciamiento Civil), it also reverses the burden of proof.
Issuing certificates efficiently: Requesting Entities
To ensure certificate issuance doesn’t become a bottleneck, Logalty allows companies to act as Requesting Entities, speeding up the delivery of certificates to the people who need to sign the DeCA, whether hauliers or drivers. Less friction, faster roll-out.
Signing with full guarantees: certified electronic signature service
Logalty provides its certified electronic signature service, enabling signatories to complete the process using an advanced or qualified signature. Each signature generates an evidence certificate confirming what was signed, when, and by which method, retained for whatever period the entity specifies.
Once the documentation has been signed, whether through Logalty or by other electronic means, Logalty’s certified electronic communication services allow it to be sent to all parties with reliable proof of dispatch and delivery.
Verifying who signs: robust identification of the parties involved
Logalty offers various services to verify the identity of the driver or other parties involved, using OCR scanning of the identity document or NFC reading of the chip, checking that the document belongs to the holder and has not been revoked due to loss or theft. This allows the loading party to confirm that whoever presents the document is genuinely its holder, ensuring that only duly identified and authorised individuals can sign.
Ready to comply with the law and gain efficiency? Get in touch with us for more information.
