Regulations and standards for the digital forensic field (III of III)

Today this series of articles will conclude by analyzing the latest related UNE standards and addressing the different applicable laws.

UNE 71506: Guide for the performance of the technological expert

Complementary to UNE 197001, the UNE 71506 standard addresses the professional practice of the technological expert from a more operational perspective. It includes aspects such as impartiality, technical qualification, procedure documentation, communication with parties, court appearance, and the proper use of standardized methodologies. Its adoption contributes to professionalizing the role of the expert in increasingly demanding environments.

In forensic investigations, this guide allows the specialist to strengthen their intervention before the court, acting confidently both in the drafting of the report and in the oral ratification. Compliance ensures ethical, consistent, and technically justified behavior, which grants greater credibility to the findings presented, especially in processes where parties may challenge the methods used.

UNE-EN 16775: Quality requirements for expert services

The UNE-EN 16775 standard establishes European quality criteria for the provision of expert services, applicable to both individual experts and specialized firms. It covers everything from internal quality processes, independence, and technical competence to managing relationships with clients, courts, and regulatory bodies. Its adoption helps structure forensic organizations with high maturity models.

For teams offering continuous or multidisciplinary expert services, this standard becomes a framework of operational excellence. It also allows clients and magistrates to have confidence that the expert complies with recognized European standards. In highly complex investigations, such as cross-border cyberattacks or massive information leaks, its application represents a seal of technical and ethical guarantee.

National Security Framework (ENS)

The ENS, mandatory in the Spanish public sector, defines the minimum security requirements that information systems processing data in Public Administrations must apply. Classified into three categories (basic, medium, and high), it establishes principles such as integrity, traceability, authenticity, availability, and confidentiality of information.

In the forensic field, the ENS is especially relevant when analyzing an incident affecting a public entity or a provider offering services to the Administration. It allows the expert to assess compliance with the regulatory framework and detect breaches that may have facilitated the attack or compromised the evidence. It also serves as a reference to evaluate the effectiveness of technical measures such as audit logs, strong authentication, or protection of critical infrastructures.

General Data Protection Regulation (GDPR) – EU 2016/679

The GDPR establishes the rules for processing personal data within the European scope, including principles such as minimization, limitation of retention period, explicit consent, and the right to portability or erasure. For the forensic expert, the GDPR not only sets the legal limits of their intervention but also determines the necessary precautions to properly handle personal data found during the investigation.

Especially in the analysis of emails, access logs, or documentary files, it is common to find personal or sensitive data. Compliance with the GDPR involves applying pseudonymization techniques, recording the legal basis for processing, and ensuring that the custody of the evidence respects the rights of the data subject. Additionally, the GDPR imposes the notification of security breaches to the competent authorities, which may require forensic reports as support.

Organic Law 3/2018 (LOPDGDD)

The LOPDGDD adapts the GDPR to the Spanish legal context and establishes relevant nuances for data protection in sectors such as judicial, healthcare, or labor. For the forensic analyst, this law details the specific treatment that evidence containing employee data, medical records, internal communications, or voice recordings must receive.

Its practical application requires the expert to carry out data protection impact assessments (DPIA) when the analysis involves particularly sensitive data, as well as to adopt reinforced technical measures in the documentation and storage of evidence. In internal investigations within companies, the LOPDGDD defines the rights of the worker and can determine the legality or illegality of certain digital evidence.

Ley de Enjuiciamiento Civil (LEC)

The LEC regulates judicial procedure in civil and commercial matters, including the intervention of judicial experts. Articles 299.2 and 335 to 343 specify the types of admissible evidence, the procedure for appointing experts, deadlines for delivering the report, and ratification in a hearing. This regulation constitutes the legal basis for the activity of the digital forensic expert when acting before civil courts.

For a forensic report to be admissible, it must be properly formulated as required by the LEC: structured, reasoned, dated, signed, and clear in its conclusions. Additionally, it must be accompanied by technical annexes, a declaration of impartiality, and be ratified by the author in a hearing. A procedural error can invalidate technically correct evidence, so knowledge of this law is essential for the expert.

Ley de Enjuiciamiento Criminal (LECrim)

In the criminal field, the LECrim regulates the phases of investigation, oral trial, and evidence practice. It establishes the role of the expert as an assistant to the judge and allows the judicial police to also act as a technological expert in certain circumstances. The regulation requires that the obtaining of evidence respects constitutional guarantees, especially regarding the inviolability of communications and the protection of fundamental rights.

In forensic investigations where emails, mobile devices, or servers are examined, the procedure must respect the chain of custody, have a court order when applicable, and be properly documented in records. The forensic expertise must align with the instructions of the investigating judge, and the expert must be prepared to appear in oral trial and answer technical questions posed by the parties.

Conclusion

The work of the digital forensic analyst takes place at the intersection of technology, law, and professional ethics. Mastering ISO standards, UNE norms, and national and European regulations not only strengthens the technical procedure but also guarantees the legal validity and acceptance of results in judicial, corporate, or administrative environments. In an increasingly regulated and demanding environment, where digital evidence can influence the resolution of conflicts, frauds, or cyber incidents, the rigorous application of these regulatory frameworks becomes a guarantee of quality, legitimacy, and professionalism.