| #Senderwho sent it | Not coveredThe “From” field is declared by the sender. SPF, DKIM and DMARC authenticate the domain, not the person. | Evidence onlyProves who signed the content, not who sent it. | Not coveredIdentifies no one. | Evidence onlyIdentification under the provider’s policy. Cannot be refused as evidence solely for not being qualified (Art. 43(1)), but no presumption. | Evidence onlyValidated through an S/MIME certificate: qualified (Portuguese Bar lawyers) or advanced (Certum). No presumption of sending. | PresumptionPresumption of sending by the identified sender (Art. 43(2)). Identification with a high level of confidence (Art. 44(1)(b)). |
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| #Addresseewho received it | Not coveredThere is only an address. Nobody checks who is behind the mailbox. | Not coveredA signature says nothing about the recipient. | Not coveredIdentifies no one. | Evidence onlyUnder the provider’s policy, no presumption. | Not coveredThe email address is recorded; the person is not identified. | PresumptionIdentification before delivery (Art. 44(1)(c)) and presumption of receipt by the identified addressee (Art. 43(2)). The reference standards of Implementing Regulation (EU) 2025/1944 call for a very high level of confidence. |
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| #Integritythe content was not changed | Evidence onlyDKIM detects changes while the domain’s public key remains published. No legal presumption. | PresumptionQualified seal: presumption of integrity (Art. 35(2)). Qualified signature: detecting changes is a requirement of advanced signatures (Art. 26(d)). | PresumptionPresumption of integrity of the data bound to the date and time (Art. 41(2)). | Evidence onlyThe definition requires protection against unauthorised alteration, but no presumption. | PresumptionMulticert qualified time stamp on the message: presumption of integrity (Art. 41(2)). Sender’s S/MIME signature. Evidence sealed by Sooma (Multicert seal certificate, key in an HSM). | PresumptionPresumption of integrity (Art. 43(2)). Sending and receiving secured by the provider’s advanced signature or seal (Art. 44(1)(d)). |
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| #Authorship of the contentwho is bound by what it says | Not coveredNothing links the text to a person. | PresumptionQualified signature: legal effect of a handwritten signature (Art. 25(2)). Qualified seal: presumption of the origin of the data (Art. 35(2)). | Not coveredA date and time are not authorship. | Not coveredNot covered. | Evidence onlyWith a Bar qualified certificate on a qualified device, the effect of a handwritten signature (Art. 25(2)). With an advanced certificate, no presumption. | Not coveredProves that the identified sender sent the data. It is not the same as signing the content. |
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| #Date and time of sending | Not coveredThe “Date” header is written by the sender’s software. “Received” headers are technical server logs. | Not coveredThe signing time is declared by the signer. Without a time stamp it is not reliable. | PresumptionPresumption that the date and time are accurate: proves the data existed at that moment, not that it was sent (Art. 41(2); Art. 3, point 33). | Evidence onlyPer the provider’s records. | Evidence onlySubmission evidence with a qualified time stamp: the time is presumed accurate (Art. 41(2)), but the sending itself is not presumed. | PresumptionPresumption that the date and time of sending are accurate (Art. 43(2)), indicated by a qualified time stamp (Art. 44(1)(f)). |
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| #Date and time of receipt | Not coveredRead receipts are optional and controlled by the recipient. | Not coveredNot covered. | Not coveredOnly if the recipient applies the stamp, and then it proves existence, not receipt. | Evidence onlyPer the provider’s records. | Evidence onlyDelivery evidence with a qualified time stamp: the time is presumed accurate, the receipt is not. | PresumptionPresumption that the date and time of receipt are accurate (Art. 43(2)), with a qualified time stamp (Art. 44(1)(f)). |
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| #Proof of deliveryit reached the addressee | Not coveredA “250 OK” from the receiving server only proves that server accepted the message, not that the addressee received it. | Not coveredNot covered. | Not coveredNot covered. | Evidence onlyProof of sending and receiving is part of the service definition (Art. 3, point 36), but without a presumption. | Evidence onlyEvidence sealed by Sooma of delivery to the destination server; of delivery to the mailbox or collection where the flow allows. Cannot be refused solely for not being qualified (Art. 43(1)); no presumption. | PresumptionPresumption of receipt by the identified addressee. eIDAS does not define the moment of receipt; ETSI EN 319 522 evidence records the event that occurred: content made available in the service (consignment) or handed over to the recipient’s application (handover). |
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| #Refusal or not collected | Not coveredDoes not exist. | Not coveredNot covered. | Not coveredNot covered. | Evidence onlyIf the service records it. | Evidence onlyEvidence of non-delivery: refusal, bounce or failure. | Evidence onlyETSI EN 319 522 provides evidence for acceptance, rejection and expiry. The legal effect of refusing or not collecting depends on the applicable law, not on eIDAS. |
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| #Changes in transitformat conversion, anti-virus | Not coveredServers and filters can change the message without telling anyone. | Evidence onlyYou can detect that something changed, but not who changed it or why. | Evidence onlyDetects changes made after the stamp. | Evidence onlyPer the provider’s policy. | Evidence onlyThe S/MIME signature and the time stamp make any change detectable. | RequirementAny change needed for sending or receiving must be clearly indicated to both parties (Art. 44(1)(e)) and dated with a qualified time stamp (point (f)). |
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| #Reading the contentthe addressee opened and read it | Not coveredRead receipts and tracking pixels are not reliable evidence. | Not coveredNot covered. | Not coveredNot covered. | Evidence onlySome services log access. | Evidence onlyWhen the addressee collects the message, collection is recorded; reading is not. | Evidence onlyThe presumption covers receipt, not reading. Some services log access to the content (optional evidence in ETSI EN 319 522), but that is not covered by Art. 43. |
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| #Confidentiality | Not coveredNot guaranteed: TLS between servers is usually opportunistic. | Not coveredSigning does not encrypt. S/MIME can encrypt, but that is a separate operation. | Not coveredNot covered. | Not coveredThe definition mentions protection against loss, theft, damage or unauthorised alteration (Art. 3, point 36), not confidentiality. | Not coveredTLS in transit where the destination server supports it. The TLS version used is recorded in the evidence; confidentiality is not part of what the service proves. | RequirementProvided for in the reference standards of Implementing Regulation (EU) 2025/1944 while the content is handled by the service (ETSI EN 319 521, REQ-ERDS-5.1.1-01). Not part of the presumption. |
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| #Recognition in other Member States | Evidence onlyCannot be refused solely for being electronic (Art. 46). | PresumptionArt. 24a(1). | PresumptionArt. 24a(6). | Evidence onlyCannot be refused solely for not being qualified (Art. 43(1)). | Evidence onlyCannot be refused solely for not being qualified (Art. 43(1)); the qualified time stamp is recognised across the EU (Art. 24a(6)). | PresumptionArt. 24a(8). |
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| #Who keeps the evidence | Evidence onlyEach party keeps its own copy. Server logs belong to the email providers and are deleted under their policies. | Evidence onlyThe signed document is the evidence. To validate it years from now, use qualified preservation (Art. 34) or qualified electronic archiving (Art. 45i). | Evidence onlyThe stamp travels with the data. | Evidence onlyPer the contract. | Evidence onlySooma keeps the evidence and makes it available to the parties, for the period in the service policy. | RequirementUnder the reference standards, the provider makes the evidence available to legitimate parties (REQ-ERDS-5.4.1-06) and archives it or its digests (REQ-ERDS-5.4.1-07). |
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