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TrustCloud Cualified Preservation

Through the TrustCloud Vault module we will be able to provide your company with an electronic custody service with qualified conservation that allows to generate a series of solvent digital evidences whose purpose is to prove the integrity of the electronic assets in custody, that is to say, to accredit the content that had an electronic asset in a determined date.

In this sense, it is important to bear in mind that the concept of “content” must be interpreted in a broad sense, encompassing any type of digital asset and its characteristics, such as: format, type of file, text, images or any multimedia content.

De este modo, si una de las partes presenta un activo digital y alega que es el original, la prueba generada durante el servicio de custodia con conservación cualificada permitirá corroborar si el contenido de este activo coincide con el custodiado por TrustCloud.

Advantages of TrustCloud Vault Qualified Preservation

integridad

Ensures the integrity of a digital asset and its date of generation, emission, etc.

All evidence generated during the custody process is recorded in a Certificate of Evidence signed by Branddocs.

certificado
tecnologia

In order to obtain this evidence, TrustCloud Vault applies a series of last generation algorithms and proprietary technology of recognized international prestige.In order to obtain this evidence, TrustCloud Vault applies a series of last generation algorithms and proprietary technology of recognized international prestige.

Branddocs acts as a Qualified Trusted Service Provider in accordance with the European eIDAS regulation.

EEIDAS

Advantages of TrustCloud Vault Qualified Preservation

Ensures the integrity of a digital asset and its date of generation, emission, etc.

integridad

All evidence generated during the custody process is recorded in a Certificate of Evidence signed by Branddocs.

certificado

In order to obtain this evidence, TrustCloud Vault applies a series of last generation algorithms and proprietary technology of recognized international prestige.In order to obtain this evidence, TrustCloud Vault applies a series of last generation algorithms and proprietary technology of recognized international prestige.

tecnologia

Branddocs acts as a Qualified Trusted Service Provider: it is independent of the parties and responsible for the reliability of its service.

EEIDAS

Probationary validation of the electronic custody service

  • Digital assets can be easily tampered with. The judge may, for example, deny an electronic document probative effects if it is not accompanied by other elements guaranteeing its authenticity.
  • Branddocs acts as a Qualified Trusted Service Provider: it is independent of the parties and responsible for the reliability of its service.
  • Its position as guarantor gives its declaration greater evidentiary power, which is also supported by the evidence gathered in the contracting process.
  • Its function as a public notary allows digital transactions to be provided with the legal security that the legal department requires, as well as the document control and digital assets that are of great concern to this area.

Applicability of the qualified electronic custody service

  • Qualified electronic custody service can be used for:
    • To demonstrate the integrity of the documents that different regulations require to be kept.
    • To certify that these documents existed at a given time.
    • To shift the burden of proof.

National and international law requires the custody

Within the regulations that require certain documentation to be kept, they stand out:

  • Código de Comercio.
  • Código Penal (Compliance).
  • Ley de Prevención de Blanqueo de Capitales.
  • Ley de Contratos de Seguros.
  • Normativa de protección de datos.
REGULATIONS ARTICLE APPLICABILITY
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data Article 5.1 Comply with the principle of Accountability and demonstrate, among others, the performance of PIAS and AARR.
Article 5.2 Certify the contents of the Registry of Treatment Activities.
Article 7 Certify the status of consents given by clients.
Law 58/2003, of 17th December, on General Tax Law Article 29.2 d) To certify the integrity of the accounting books and records, as well as the computer programs, files and archives that support them and the coding systems used that allow the interpretation of the data when the obligation is fulfilled with the use of computer systems.
Royal Decree dated 22nd August 1885, approving the Commercial Code Art. 30 CdC Diligently maintain and certify the integrity of books, correspondence, documentation and supporting documents related to the business.
Regulation of Law 10/2010 of 28th April, on the prevention of money laundering and terrorist financing Article 25 To certify the integrity of the documents that must be kept for 10 years in order to comply with due diligence obligations: Documents obtained in the formal and real identification processes, annual report of external expert, Money Laundering Prevention Manual, result of investigations carried out in relation to suspicious operations...
Royal Decree 304/2014 of 5th May approving the Regulation of Law 10/2010 of 28th April, on the prevention of money laundering and terrorist financing Article 28
Article 29.2
SEPBLAC resolution of 12th February 2016 Demonstrate that the identification process by videoconference was carried out following the requirements demanded by SEPBLAC and obtaining the necessary documentation.
Organic Law 10/1995, of November 23rd, 1995 — Criminal Code Article 23 bis Proving that the company has adopted different measures aimed at preventing the commission of crimes through the organization itself. E.g.: Risk map, Code of Ethics, Crime Prevention Policy, Complaints Channel, Sanctioning procedures initiated as a consequence of the violation of the policies, Updating and improvement regime…
Law 31/1995, of 8th November, on the Prevention of Risks at Work Article 23 Certify the existence of the following documents: Plan of Prevention of Labor Risks, Evaluation of risks, Planning of the preventive activity, Practice of the health controls…
Law 50/1980 of 8th October 1980 on Insurance Contracts First additional provision Ensuring that the contents of the insurance policy have not been modified subsequently.
Financial Regulations: Payment Services Act 16/2009, of 13th November; Bank of Spain Circulars Generic Preserve and ensure the integrity of all evidence that may be requested by the Bank of Spain in its supervisory work.
Royal Legislative Decree 1/1996, of 12th April, approving the consolidated text of the Law on Intellectual Property, regularizing, clarifying and harmonizing the legal provisions in effect on the subject Generic The electronic custody service can be used, within an escrow contract, to secure the content of the source code of a computer development and to allow access to it if a number of circumstances agreed between the parties (e.g. dissolution for non-payment of the developer company) are met.
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