1. Introduction

Virtual court proceedings in Spain refer to judicial acts conducted wholly or partly through electronic means, particularly videoconferencing, electronic filing, electronic judicial records, and virtual hearing rooms. They have become an important part of Spanish procedural law, including in disputes involving banks, financial institutions, payment services, mortgages, consumer credit and financial regulation.

Spain does not treat a virtual hearing as a completely separate form of justice. Rather, it is generally a technological method of conducting ordinary judicial proceedings, subject to the same fundamental guarantees of due process, equality of arms, publicity, immediacy, contradiction and right of defence.

The principal legal framework includes Law 18/2011, the Organic Law on the Judiciary (LOPJ), the Civil Procedure Law (LEC), Royal Decree-Law 6/2023, and Organic Law 1/2025.

2. Meaning of Virtual Court Proceedings

Virtual proceedings may involve:

1. Videoconference hearings
2. Remote testimony of witnesses and experts
3. Remote examination of parties
4. Electronic submission of pleadings
5. Electronic service of judicial documents
6. Electronic judicial files
7. Digitally recorded hearings
8. Virtual courtrooms
9. Remote participation by lawyers and parties
10. Electronic identification and signatures.

Spanish law therefore combines digital case management with remote oral proceedings.

The electronic judicial file is legally conceived as a collection of electronic data, documents, procedural steps and audiovisual recordings relating to a judicial proceeding.

3. Legal Framework

A. Law 18/2011

Law 18/2011 of 5 July regulates the use of information and communication technologies in the Administration of Justice.

It establishes the legal foundations for:

• electronic judicial proceedings;
• electronic filing;
• electronic judicial records;
• electronic communications;
• electronic identification;
• digital signatures; and
• technological interoperability.

Professional participants can be required to submit pleadings electronically using recognised electronic signatures.

This is particularly important for banks because banks normally participate in litigation through professional lawyers and procuradores and generate large quantities of electronically stored financial documentation.

4. Videoconferencing Under the Organic Law on the Judiciary

Article 229 of the LOPJ provides the basic statutory foundation for judicial videoconferencing.

Judicial acts such as:

• declarations,
• interrogations,
• testimony,
• expert evidence,
• investigations,
• hearings and
• other procedural acts

may be conducted through videoconference or a similar system allowing simultaneous two-way communication of image and sound.

The procedure must preserve:

• contradiction between the parties;
• right of defence;
• identification of participants; and
• procedural guarantees. 

This is extremely important in banking litigation because evidence may involve bank employees, financial experts, borrowers, compliance officers and witnesses located in different Spanish regions.

5. Royal Decree-Law 6/2023

Royal Decree-Law 6/2023 significantly strengthened the technological framework.

It introduced provisions concerning virtual hearing rooms and telematic judicial proceedings.

A virtual courtroom must have technological characteristics comparable to a physical courtroom, including:

• recording;
• security;
• integration with the electronic judicial file; and
• appropriate technological infrastructure. 

The legislation also introduced Article 129 bis of the Civil Procedure Law, establishing a framework for procedural acts through telematic presence.

Article 137 bis deals specifically with proceedings conducted through videoconferencing.

6. Organic Law 1/2025

Organic Law 1/2025 further modernises Spain's justice system.

It amended Article 229 LOPJ to expressly recognise videoconferencing or similar technology capable of providing:

two-way and simultaneous communication of image and sound

while safeguarding contradiction and the right of defence.

The law also recognises electronic identification and electronic signatures as mechanisms for establishing the identity of persons participating remotely.

This is particularly relevant to financial litigation because identity authentication is essential when dealing with:

• bank executives;
• borrowers;
• guarantors;
• financial experts;
• compliance officers;
• corporate representatives.

7. Application to Banking Law

Virtual proceedings have particular significance for banking law.

Banking disputes frequently concern:

• mortgage loans;
• consumer credit;
• credit-card contracts;
• payment services;
• bank guarantees;
• investment products;
• financial derivatives;
• mis-selling;
• loan enforcement;
• banking fraud;
• money laundering;
• regulatory sanctions;
• shareholder disputes; and
• insolvency.

Many of these disputes depend heavily upon documentary and electronic evidence.

For example, a mortgage dispute might involve:

Loan agreement → electronic banking records → payment history → interest calculations → customer communications → expert report → court hearing.

A substantial portion of this evidence can be handled electronically.

8. Electronic Evidence in Banking Litigation

Virtual proceedings do not eliminate evidentiary requirements.

A bank seeking to rely upon electronic evidence may need to establish:

1. authenticity;
2. integrity;
3. identification of the relevant person;
4. reliability of the electronic system;
5. chronology;
6. absence of manipulation; and
7. compliance with applicable procedural rules.

Examples include:

• online banking records;
• electronic contracts;
• SMS communications;
• email correspondence;
• electronic signatures;
• transaction logs;
• account statements;
• authentication records;
• payment records.

Therefore, digital evidence is not automatically conclusive merely because it is electronically generated.

9. Virtual Hearings and the Right of Defence

The most important principle is that technology cannot undermine procedural fairness.

A virtual hearing must permit the parties to:

• hear the judge;
• hear the opposing party;
• see relevant participants where required;
• communicate with counsel;
• challenge evidence;
• cross-examine witnesses where permitted;
• make submissions;
• access relevant documents; and
• participate effectively.

Article 229 LOPJ expressly links videoconferencing with contradiction and the right of defence.

Consequently, if a technological failure makes meaningful participation impossible, the court may need to take corrective procedural measures.

10. Principle of Immediacy

One important issue is inmediación, or judicial immediacy.

The judge should have an effective opportunity to perceive and assess evidence directly.

Videoconferencing can sometimes weaken this principle, especially when credibility depends upon:

• witness behaviour;
• interaction;
• spontaneous responses;
• physical documents;
• complex expert evidence.

The Spanish General Council for the Judiciary has recognised the efficiency benefits of videoconferencing but has also warned that excessive reliance on it could affect immediacy and publicity in certain proceedings.

Thus:

Technology should facilitate justice, not replace procedural guarantees.

11. Publicity of Virtual Hearings

Publicity is another important principle.

Virtual proceedings should not automatically become private proceedings.

Royal Decree-Law 6/2023 requires measures to preserve the principle of publicity for procedural acts that are public and conducted by videoconference.

This creates an important balance:

Public justice + technological access + privacy and data protection.

This is particularly significant in banking litigation because banking cases frequently contain:

• account information;
• personal financial information;
• confidential business information;
• trade secrets;
• anti-money-laundering information.

12. Data Protection

Virtual proceedings generate substantial quantities of sensitive information.

Spanish law therefore requires telematic judicial proceedings to comply with applicable data-protection rules.

Royal Decree-Law 6/2023 restricts participants from independently recording, photographing or reproducing telematic judicial proceedings.

Unauthorised use of recordings can result in judicial sanctions, including substantial fines.

This is especially important for banking cases because unauthorised recording could expose:

• customer account information;
• credit histories;
• financial statements;
• confidential bank correspondence;
• corporate information.

13. Electronic Judicial Files

The electronic judicial file is another major element.

Under Law 18/2011, an electronic judicial file can contain:

• documents;
• procedural acts;
• electronic data;
• audiovisual recordings;
• procedural information.

It receives a unique identification number and is designed to permit reliable identification of the case across the judicial system.

For banks, this improves the handling of cases containing thousands of pages of financial documentation.

14. Virtual Court Proceedings and Banking Consumer Disputes

Consumer banking litigation is one of the areas where virtual proceedings can be particularly useful.

Typical cases involve:

Mortgage disputes

• mortgage interest;
• contractual clauses;
• enforcement;
• consumer protection.

Credit-card disputes

• interest;
• fees;
• transparency;
• contractual validity.

Investment disputes

• suitability;
• information duties;
• mis-selling;
• investor protection.

Payment disputes

• unauthorised transactions;
• electronic payments;
• payment authentication;
• bank liability.

Digital hearings can reduce the costs associated with these disputes while allowing lawyers and experts to participate remotely.

15. Alternative Dispute Resolution and Banking

An important development under Organic Law 1/2025 is the strengthening of appropriate means of dispute resolution (MASC) before litigation.

The law recognises telematic methods for conducting certain dispute-resolution activities.

For financial consumers, prior complaints to financial supervisory bodies can also have procedural significance.

Organic Law 1/2025 specifically addresses consumer litigation involving financial services and recognises certain complaints to bodies such as:

• Banco de España;
• CNMV; and
• Dirección General de Seguros y Fondos de Pensiones

for purposes connected with the procedural requirement for prior dispute resolution.

16. Case Law and Judicial Principles

A caution is necessary here: Spanish reported jurisprudence specifically titled "virtual court proceedings in banking law" is relatively limited because virtual proceedings are primarily governed by procedural legislation rather than by a separate banking-law doctrine.

Nevertheless, Spanish and European case law concerning electronic justice, procedural fairness, hearings, evidence and banking/consumer disputes provides important principles.

Case 1: Tribunal Constitucional – Right to Effective Judicial Protection

The Spanish Constitutional Court has consistently treated Article 24 of the Spanish Constitution as protecting effective judicial protection and procedural defence.

The relevance to virtual hearings is straightforward:

A technological method of conducting a hearing cannot deprive a litigant of the effective opportunity to present and defend the case.

Thus, if a virtual hearing creates a serious and unjustified obstacle to participation, the constitutional guarantees of Article 24 become relevant.

17. Case 2: European Court of Human Rights – Marcello Viola v. Italy

Marcello Viola v. Italy, ECtHR, 5 October 2006, concerned participation in criminal proceedings through video technology.

The European Court recognised that participation through video link is not automatically incompatible with fair-trial requirements.

However, restrictions must have a legitimate justification and must not undermine the effective exercise of defence rights.

Banking-law relevance

Although this was not a banking dispute, the principle is applicable to financial litigation:

remote participation is legally acceptable when procedural fairness remains effective.

18. Case 3: European Court of Human Rights – Sakhnovskiy v. Russia

In Sakhnovskiy v. Russia, the ECtHR examined the use of video communication in judicial proceedings and emphasised the importance of effective communication between a defendant and counsel.

The broader principle is that technology cannot merely create the appearance of participation.

There must be real and effective participation.

For banking litigation, this is relevant where:

• a bank representative is abroad;
• a financial expert participates remotely;
• complex documents must be examined;
• counsel must communicate privately with a client.

19. Case 4: European Court of Human Rights – Yevdokimov and Others v. Russia

The ECtHR has also considered remote participation and access to proceedings in cases involving prisoners and other participants.

The underlying principle is that technological arrangements must be assessed in light of the individual's effective ability to participate.

This supports the Spanish approach that videoconferencing must preserve defence and procedural equality.

20. Case 5: Spanish Banking Jurisprudence on Consumer Protection

Spanish Supreme Court banking jurisprudence has repeatedly emphasised the importance of:

• transparency;
• adequate information;
• consumer understanding;
• contractual fairness.

This jurisprudence becomes relevant to virtual proceedings because banking cases frequently rely upon electronically stored contractual and transactional evidence.

The technological form of the hearing does not change the substantive legal obligations of the bank.

For example:

Online contract ≠ reduced consumer protection.

Electronic signature ≠ automatic proof of informed consent.

Digital banking record ≠ immunity from evidentiary challenge.

21. Case 6: Spanish Supreme Court – Transparency in Mortgage Banking

Spanish Supreme Court jurisprudence concerning mortgage clauses has developed extensive principles concerning transparency and consumer understanding.

These principles are particularly relevant when mortgage documentation was concluded electronically.

A bank cannot normally argue that because a contract was executed electronically, the consumer automatically understood its economic consequences.

The substantive obligations concerning transparency continue to apply.

22. Case 7: CJEU – Aziz v. Caixa d'Estalvis de Catalunya

Case C-415/11, Mohamed Aziz v Caixa d'Estalvis de Catalunya, Court of Justice of the European Union, 14 March 2013, is one of the major European banking-consumer cases involving Spanish mortgage enforcement.

The CJEU held that Spanish procedural mechanisms had to permit effective judicial scrutiny of potentially unfair contractual terms.

Importance for virtual proceedings

If such a dispute is conducted through a virtual hearing, technological efficiency cannot undermine the court's ability to examine:

• unfair terms;
• consumer rights;
• contractual documentation;
• effective judicial protection.

Thus:

procedural digitalisation must remain subordinate to substantive consumer protection.

23. Case 8: CJEU – Banco Español de Crédito

In Banco Español de Crédito SA v Joaquín Calderón Camino, Case C-618/10, the CJEU reinforced the principle that national procedural mechanisms must provide effective protection against unfair consumer contract terms.

This is significant for banking litigation because Spanish banks frequently litigate consumer-credit and contractual disputes.

Virtual proceedings cannot be used to transform a simplified or digital procedure into one that inadequately protects the consumer.

24. Case 9: CJEU – Gutiérrez Naranjo

In the joined cases C-154/15, C-307/15 and C-308/15, Gutiérrez Naranjo and Others, the CJEU addressed the consequences of unfair mortgage floor clauses.

The judgment illustrates the importance of effective judicial protection in banking-consumer disputes.

Its relevance to virtual litigation is that:

The method by which a court conducts proceedings cannot diminish rights guaranteed by EU consumer law.

25. Banking-Specific Risks of Virtual Hearings

Virtual proceedings create several risks for banks and customers.

26. Cybersecurity

Cybersecurity is particularly important because banks are heavily regulated financial institutions.

A virtual court hearing may involve:

• customer identification information;
• loan documents;
• account statements;
• transaction records;
• AML information;
• expert reports;
• internal bank communications.

Accordingly, secure authentication, encrypted communications, controlled access and appropriate storage are essential.

The existence of an electronic judicial file does not mean that every participant has unrestricted access to every piece of information.

27. Virtual Proceedings and Confidential Banking Information

A court must balance two potentially competing principles:

Principle 1 — Publicity of justice

Judicial proceedings should ordinarily be accessible in accordance with procedural law.

Principle 2 — Confidentiality and privacy

Banking information may require protection.

Therefore, the court may need to employ measures such as:

• restricted access;
• anonymisation;
• exclusion of confidential material;
• closed portions of hearings;
• restricted documents;
• controlled access to audiovisual recordings.

28. Remote Witnesses and Bank Employees

Bank employees may be called to testify regarding:

• account opening;
• transaction authentication;
• loan approval;
• compliance checks;
• suspicious transactions;
• payment authorisation;
• customer communications.

Videoconferencing allows witnesses to participate without travelling.

However, the court must ensure:

1. identity verification;
2. reliable communication;
3. appropriate hearing conditions;
4. absence of improper assistance;
5. ability of the opposing party to question the witness.

29. Remote Expert Evidence

Banking disputes frequently require experts.

Examples:

• interest calculations;
• financial valuation;
• derivatives;
• accounting;
• mortgage calculations;
• damages;
• fraud analysis.

Virtual hearings can permit experts to explain complex financial models remotely.

However, where the evidence is technically complex, the court must ensure that all parties have meaningful access to the underlying documents and calculations.

30. Virtual Proceedings and Electronic Signatures

Electronic signatures have particular importance in banking.

They may be used for:

• loan agreements;
• account opening;
• payment authorisations;
• guarantees;
• investment contracts;
• customer communications.

But the existence of an electronic signature does not necessarily resolve every legal question.

The court may still consider:

• who signed;
• whether the person had authority;
• whether consent was informed;
• whether the signature was technically secure;
• whether the document was altered;
• whether consumer-protection requirements were satisfied.

31. Advantages for Banking Litigation

1. Reduced cost

Banks, consumers, lawyers and experts may avoid unnecessary travel.

2. Faster hearings

Virtual participation can reduce scheduling and logistical difficulties.

3. Better document management

Electronic evidence can be integrated into electronic case files.

4. Cross-regional participation

A Madrid-based bank representative may participate in proceedings elsewhere in Spain.

5. Expert access

Specialist financial experts can participate without travelling.

6. Reduced administrative burden

Electronic filing and digital records can streamline case administration.

32. Disadvantages

1. Technical failures

Internet or equipment failures can interrupt hearings.

2. Reduced immediacy

The judge may experience witnesses differently through a screen.

3. Confidentiality risks

Financial information may be exposed.

4. Digital inequality

Some consumers may lack adequate equipment or technological skills.

5. Authentication concerns

Identity and document integrity may be disputed.

6. Cybersecurity

Financial proceedings are attractive targets for cyberattacks.

33. Relationship Between Banking Regulation and Judicial Technology

Virtual court proceedings should be understood as part of a wider transformation of Spanish banking law.

The modern banking dispute increasingly involves:

Digital banking → electronic transaction → electronic evidence → electronic filing → virtual hearing → electronically recorded judgment.

This means banking lawyers increasingly need knowledge of both:

• substantive financial law; and
• digital procedural law.

34. Important Legal Principles

The Spanish framework can be summarised through the following principles:

35. Overall Legal Position

Spain has moved from a system where videoconferencing was primarily an exceptional procedural tool toward a broader model of digitally enabled justice.

Law 18/2011 created the foundations for electronic justice. Royal Decree-Law 6/2023 substantially expanded telematic proceedings and virtual hearing rooms, while Organic Law 1/2025 further strengthened the statutory recognition of videoconferencing and electronic identification.

However, Spanish law does not make technological convenience superior to fundamental procedural rights.

The central rule is:

A virtual hearing is valid only when it remains a fair judicial hearing.

This is particularly important in banking law because banking disputes involve substantial financial interests, confidential information and frequently vulnerable consumers.

Conclusion

Banking Law and Virtual Court Proceedings in Spain represents the intersection of financial regulation, civil procedure, electronic evidence, data protection and access to justice. Spanish legislation now provides a relatively comprehensive statutory foundation for electronic files, remote participation, videoconferencing and virtual courtrooms.

For banking disputes, virtual proceedings can make litigation faster and less expensive, but they must preserve Article 24-style effective judicial protection, equality of arms, contradiction, defence, judicial immediacy, confidentiality and evidentiary integrity. The CJEU's Spanish banking-consumer jurisprudence, including Aziz, Banco Español de Crédito and Gutiérrez Naranjo, reinforces the broader principle that procedural modernisation cannot weaken substantive consumer and financial rights.

Key case laws to remember:

1. Aziz v Caixa d'Estalvis de Catalunya, C-415/11 — effective judicial protection in Spanish mortgage enforcement.
2. Banco Español de Crédito v Calderón Camino, C-618/10 — consumer protection and unfair contractual terms.
3. Gutiérrez Naranjo and Others, C-154/15, C-307/15 & C-308/15 — consequences of unfair mortgage clauses.
4. Marcello Viola v Italy, ECtHR — compatibility of videoconferencing with fair-trial guarantees.
5. Sakhnovskiy v Russia, ECtHR — effective participation and communication through video technology.
6. Yevdokimov and Others v Russia, ECtHR — remote participation and access to judicial proceedings.

These cases, read together with Articles 229 and 234 LOPJ, Law 18/2011, Royal Decree-Law 6/2023, and Organic Law 1/2025, provide the principal framework for analysing virtual proceedings in Spanish banking litigation.