TrustCloud Qualified Preservation
Custody of Digital Assets and Accreditation of Original Content
Through the TrustCloud Quantum Vault service we will be able to provide your company with an electronic custody cloud-architecture and a qualified preservation system. Both allow us to generate a series of reliable digital evidence 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, image or any multimedia content unit.
In this way, if one of the parties presents a digital asset and claims that it is the original, the proof generated during the custody service with qualified preservation will allow us to corroborate whether the content of this asset coincides with the one kept by TrustCloud.
Advantages of TrustCloud qualified preservation
Ensures the integrity of a digital asset and its content, date of generation, date of issue, etc.
All evidence generated during the custody process is recorded in a Certificate of Evidence signed by TrustCloud.
In order to obtain this evidence, TrustCloud Quantum Vault choreographs a series of latest-generation algorithms and proprietary technology of recognised international prestige.
Evidentiary validation of the electronic custody service
Digital assets can be easily tampered with due to remote alterations, system errors and cyber attacks. The judge may, for example, deny an electronic document probative effects if it is not accompanied by other elements guaranteeing its authenticity.
Its position as guarantor gives its declaration greater evidentiary power, which is also supported by the evidence gathered in the contracting process.
Its role as a trusted third party gives digital transactions the legal certainty that legal and IT departments require, along with the document control and asset integrity these teams care about most.
Applicability of the qualified electronic custody service
Qualified electronic custody service can be used for:
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National and international laws require the custody
Applicable regulations include:
Code of Commerce.
Penal Code (compliance).
Law for the Prevention of Money Laundering.
Law of Insurance Contracts.
Data protection regulations, such as GDPR.
| 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 (SP) | 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 (SP) | 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 (SP) | 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 (SP) | Article 28 | |
| Article 29.2 | ||
| SEPBLAC resolution of 12th February 2016 (SP) | 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 (SP) | Article 31 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 (SP) | 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 (SP) | 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 (SP) | 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 (SP) | 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. |
