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What does the law say about telematic boards?
If you are the president, secretary or head of an association, you've probably asked yourself, "Can we hold our meeting by video call and still have it be valid?"
The answer is yes, but with some rules to follow.
To begin with, you should review your association's bylaws. If they already include the possibility of virtual or hybrid meetings, perfect! If not, you should update them to avoid legal problems.
The law allows telematic meetings, provided that the identity of the participants, their right to speak and vote, and that the agreements are recorded. This is included in Law 5/2021 on associations. In addition, it is important to comply with data protection and cybersecurity regulations, such as RGPD and the recommendations of the AEPD.
In other words, it can be done, but it must be done in compliance with certain criteria.
Requirements for the meeting to be valid
For your telematic meeting to be legally valid, it is not enough to open a Zoom. Here are the essentials:
- Clear and timely notice: Send the invitation to all members in accordance with the bylaws. Include date, time, agenda and link to the meeting. Clarity avoids confusion and delays.
- Everyone should be able to participate: Make sure every member can connect and express themselves. This includes technical support if someone is unfamiliar with the technology. No one should be left out due to lack of digital skills.
- Identification and registration of attendance: We must know who is participating and how they vote. This is achieved with platforms that allow reliable identification and secure registration of votes.
- Digital minutes: The minutes are the "certificate" of what was decided. It should reflect agreements, quorum and voting, and be stored securely, preferably with an electronic signature.
How to ensure secure online voting
The most delicate moment of the meeting is the vote. For it to be safe and reliable:
- Each vote must be secret and protectedavoiding manipulation.
- The platform must generate a verifiable record to audit the results.
- All members should be able to vote, including older or less digitally experienced members.
With these measures, your voting will be legal, secure and accessible. Kuorum is designed so that no one is left out and every vote is reliable.
Practical tips to ensure that everything goes smoothly
- Check your bylaws: Make sure they mention the possibility of telematic meetings and online voting.
- Choose the right platform: Choose a secure, easy-to-use and human-supported platform, such as Kuorum. No last minute technical complications.
- Communicate and accompany your members: Explain how to connect, what to expect and offer help if they need it. Technology should not be a barrier.
- Document everything: Minutes, quorum and results are your best legal guarantee.
Conclusion
Telematic meetings are valid, as long as you follow the rules and make sure that all members can participate. Beyond legality, they enable secure, reliable and accessible online voting, facilitate participation and save time and costs.
If you want to organize meetings and online voting without complications , contact Kuorum for a demo and discover how our platform can help you manage your meetings in a legal, inclusive and simple way.
