The legal framework, without embellishment
This is not legal advice: it is the map of the rules that support —and limit— what a certified message can prove. All the references can be checked in the Spanish Official Gazette (BOE) and in EUR-Lex.
What the eIDAS Regulation says (Regulation (EU) 910/2014)
The Regulation distinguishes two planes that should not be mixed up. The electronic registered delivery service (art. 3.36) is the service that evidences the sending and receipt of data between third parties; data sent and received using such a service shall not be denied legal effect and admissibility as evidence solely on the grounds that it is in electronic form (art. 43.1). The stronger presumption of art. 43.2 —integrity, sending and receipt presumed— is reserved for the qualified electronic registered delivery service (art. 3.37), which requires the additional requirements of art. 44 and the corresponding supervision. SMSverifica currently provides the non-qualified service, and we say so here and in the PDF itself.
The time stamp belongs to the other plane, and there it does apply: the qualified electronic time stamp of art. 42 enjoys the presumption of the accuracy of the date and time and of the integrity of the stamped data (art. 41.2). That presumption does cover our files, because the stamp is issued by a qualified provider on the trusted list.
What Spanish law says
Law 6/2020 of 11 November, regulating certain aspects of electronic trust services, refers the effectiveness of electronic documents to the procedural rules (art. 3). Under the Spanish Civil Procedure Act (LEC), electronic documents are admitted as evidence under arts. 299.2 and 382 to 384, and art. 326.3 governs what happens when the other party challenges them. The most useful piece is art. 326.4 LEC (introduced by Law 6/2020 itself): if the challenged document is backed by a qualified trust service —such as the time stamp on our files—, a report can be requested from the provider and the presumption in favour of the document applies, shifting to the challenger the burden of rebutting it. For electronic contracting, art. 24 of the LSSI (Law 34/2002) also expressly admits the electronic medium in which a contract is recorded as documentary evidence.
What the case law says — and why this product exists
The leading judgment on messaging is Spanish Supreme Court judgment STS 300/2015 of 19 May (Criminal Chamber, rapporteur Manuel Marchena): it warned of the risk of manipulation of instant-messaging “screenshots” and required, when the conversation submitted is challenged, evidence proving its authenticity and integrity —typically an expert report—. In other words: the evidential problem of a single message is not its admission, it is surviving the challenge. A file with the content fixed by hash before sending, the events chained and the whole under a qualified stamp exists precisely for that moment: it does not provide a screenshot, it provides the verifiable technical trail the judgment finds missing. The final assessment always belongs to the judge (art. 326 LEC); what the file does is reach that assessment with the burden of proof on the right side.
If you are going to base an important claim on a certified file, validate the strategy with your lawyer: the references on this page are real and verifiable, but applying them to your specific case is their job.
The limits, up front, like everything else on this website. Certified messaging is available only to Spain (+34). It is a non-qualified electronic registered delivery service (art. 3.36 eIDAS): the presumption of art. 43.2 does not apply to it, and what it does carry is the qualified time stamp with its presumption under art. 41.2. The recipient's signature with a one-time code is a simple electronic signature, not a qualified one. And the evidential weight of the whole is decided by a judge, not by a marketing page.