The new Organic Law 1/2025, of 2 January, on measures regarding the efficiency of the Public Justice Service (“LO 1/2025”), which enters into force on 3 April, addresses diverse aspects that will speed up legal deadlines and facilitate access to adequate means for settling disputes. If one of the parties refuses to seek or use these methods, the other party must furnish proof of notification of the attempt to use such methods prior to taking action with the courts.

In this regard, as a Qualified Trust Service Provider (TSP), Logalty is poised to become a key ally for legal firms and professionals, providing solutions that ensure legal validity, traceability and security in digital processes.

Logalty acts as a third party by interposition between the parties in the dispute, intervening to safeguard the process by means of qualified electronic timestamping, in addition to filing a cryptographic summary of the documents with a notary, so that the process can be notarised in a public instrument. Furthermore, unlike other providers, we analyse the legal implications of the regulations affecting our clients in order to help them comply and to offer them security and peace of mind about their transactions.

Why is this law so important? 

Before now, many disputes ended up in the courts, overloading the judiciary and slowing the pace of decisions. This new regulation:

• Encourages mediation, conciliation and other alternatives before resorting to the judiciary.
• Streamlines legal proceedings through the use of digital tools.
• Boosts legal security by means of certified agreements and communications.
  

Logalty: an ally for compliance with regulations 

One of the main changes introduced under this regulation is the obligation to prove that an attempt has been made to find an out-of-court solution before the matter can be taken to the courts. This means that businesses and private citizens must have a means of providing reliable proof of their attempts at mediation or conciliation.

An analysis of the legal matters by our lawyers found that not all electronic solutions meet the requirements, nor can they offer reliable proof of the start date (which must be 30 days prior). It must be possible to prove that the recipient had access to and/or signed the notice received, thus ensuring that the documentation of the attempted negotiation is available before a claim can be admitted for processing by the courts.

How can Logalty help you?

Our certified postal notification, certified electronic notification and certified electronic communication services not only ensure certifiable delivery of communications, but they also have full legal force.

These solutions make it possible to meet the requirements of Organic Law 1/2025, ensuring that all attempts at mediation, conciliation or related communications are duly evidenced.

Thus, businesses and citizens can reliably prove that they have attempted to find an out-of-court solution before resorting to the judiciary, complying with the regulation in a secure, efficient manner.

Given that a failure to prove that these methods have been attempted will result in dismissal of the case, and that this defect cannot be rectified, it is essential to use a system that furnishes proof of the recipient’s identity and of the time at which the document was made available and, where applicable, accessed.

Other solutions, such as certified e-mail or certified SMS, cannot ensure that the communication was received by the recipient, rendering it impossible to prove that the person or company accessed the document, which is robust proof of a prior attempt at negotiation.

How is the process completion or the agreement stemming from the negotiation formalised?

Thanks to certified electronic contracting. As set out in Article 12: Validity and Enforceability of the Agreement, if the prior negotiation is effective, “the agreement reached shall be binding for the parties, who shall not be allowed to file a claim for the same purpose”.

Otherwise, pursuant to Article 10: Proof of the Attempt at Negotiation and Completion of the Process without Reaching an Agreement, “proof shall be furnished by means of any document signed by both parties, containing the identities of such parties and, in the event that professionals or experts advised them in the process, the identities thereof, the date, subject matter of the dispute, date or dates of the meetings held and, where applicable, an affidavit stating that both parties acted in good faith in the process”.

Therefore, it is important to have an appropriate electronic solution for digital signatures to avoid the need for in-person meetings while maintaining all the legal guarantees.

Benefits for businesses and individuals 

Through the implementation of this law and the support of digital solutions like those offered by Logalty, it will be possible to:

• Reduce conflict resolution times.
• Avoid the unnecessary costs of lengthy litigation.
• Improve transparency and security in agreements.
• Facilitate digital access to justice.
• Guarantee secure, certified communication.

Organic Law 1/2025 marks a turning point in the modernisation of the justice system in Spain. Logalty is poised to become a strategic ally in ensuring regulatory compliance and turning this change into an opportunity to streamline and enhance legal processes.

If you are self-employed or represent a company or professional partnership, we are offering € 10 for a free trial of Logalnet, the digital platform of Logalty. Register now!