“Challenges and Solutions in Adapting to the Legal Framework of the Anti-Fraud Law for Software Developers”

The question of whether it’s possible to comply with anti-fraud law in software development is complex and varies based on multiple factors. These include the technology used and the software’s commercialization model, whether Onpremise or Cloud SaaS. Adapting to this law is not trivial and poses significant challenges for software manufacturers, some of whom even consider discontinuing their products due to the complexity of the required adaptation.

The anti-fraud law involves a series of compliance controls covering various legal and technical aspects, such as article 201 bis, RD1619/2012, ministerial orders, regulations, VERI*FACTU, eIDAS, among others. Interpreting and adapting the software to these requirements can be an arduous task, especially without proper expert advice in the area.

For example, clients using software based on obsolete versions like Visual Basic 6 face particular difficulties, as these versions may not be compatible with functionalities required by the law. Additionally, the software’s targeted sector and implementation modality also influence the complexity of complying with the law. This is particularly true in cases like restaurant management software in an onpremise modality, where certain specific requirements may be difficult to ensure.

In the case of Cloud SaaS solutions, although they offer accessibility through browsers, challenges arise in ensuring requirements like the use of electronic certificates and tax obligor’s keys, with eIDAS compliance being an essential requirement. The penalties for not complying with eIDAS are added to potential sanctions for non-compliance with the anti-fraud law.

Moreover, the deadlines set for adapting to the anti-fraud law are a concern. A period of 9 months may be insufficient, given the magnitude of the required changes. Developers who have been working on adaptations since October 2021 have experienced the challenges involved in implementing and reinforcing the law’s requirements.

In light of this situation, some clients may consider the possibility of discontinuing their software development, especially in sectors where the economic return on implementation is low compared to potential sanctions, which can be significant.

In conclusion, adapting to the anti-fraud law represents a considerable challenge for software developers, especially those with applications in specific sectors or using older technologies. The possibility of compliance exists but requires specialized advice and support to navigate the complex legal and technical framework. Experience and knowledge in these areas are crucial to ensure compliance and avoid potentially severe sanctions.