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Since the Organic Law 16/1994, of 8 November, was approved, for which the Organic Law 6/1985 was reformed, of July 1, of the Judicial Branch, and which introduced for the first time in our legal order the possibility of The use of technical, electronic and computer resources for the development of the activity and the exercise of the functions of Courts and Tribunals has come a long way marked by normative milestones and technological advances. It was in the mid-1990s that the use of new technologies in the Administration of Justice began to spread across the board; since then its progress has not been stopped and has increased steadily. different systems and applications that are used in Courts, Courts and Fiscalis for the performance of their activity.

Among the normative milestones, is Royal Decree 84/2007, of January 26, on the implementation in the Administration of Justice of the computer system of telecommunications LexNET for the presentation of writings and documents, the transfer of copies and the carrying out of acts of procedural communication by telematic means. The LexNET system has satisfactorily fulfilled the communication needs of the Administration of Justice with the professionals of justice, mainly with the Attorneys of the Courts, and preferably for the realization of notifications sent from the courts and offices of all jurisdictional orders to these professionals.

Subsequently, Law 18/2011 of 5 July, regulating the use of information and communication technologies in the Administration of Justice, defined a general framework for the use of computer media in the administration of Justice and dedicated Chapter III of Title IV to the registration of writings, communications and electronic notifications. It also created the State Technical Committee of the Electronic Judicial Administration, which currently holds the competence in terms of interoperability and compatibility of the various applications used in the Administration of Justice. Pursuant to Article 45 of that Law, this Committee has established the basis for the interoperability and security of the Administration of Justice.

In addition, Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for transactions has been published at European level. The Commission has also proposed that the Commission should be prepared to take the necessary steps to ensure that the Commission is not in a position to take action. This Regulation defines the conditions for electronic notification systems to be legally valid in the countries of the European Union. Among the objectives of this Regulation is to strengthen confidence in electronic transactions within the framework of the European Union by providing the necessary legal tools to create a climate of security between citizens, businesses and the Public Administration, regulating Article 25 of the legal effects of electronic signatures, 35 of electronic signatures and Articles 43 and 44 of the effects and requirements of certified electronic delivery services.

During the elapsed time, within the scope of the General Administration of the State, the Administrations of the Autonomous Communities and the Entities that make up the Local Administration and under Law 11/2007, of June 22, In the context of the use of new technologies in the field of Public Administrations, these administrations have been pioneers in the use of new technologies in the field of Public Administrations and have been defined in recent years. notifications driven by various bodies of the General Administration of the State which, without a doubt may be adopted as a further possibility, within the limits and conditions laid down by the procedural rules and with their special characteristics, in the field of the Administration of Justice. It should be noted that the drafting of the interoperability and security bases of the Justice Administration has taken into account the provisions of the National Interoperability and Safety Schemes, as well as the recommendations of the the European Union, the technological situation of the different administrations competent in the field of justice and the existing electronic services and infrastructures, in accordance with Article 47.3 of the Law on the use of information and communication technologies in the Administration of Justice.

Finally, the Law 19/2015 of July 13, of measures of administrative reform in the field of the Administration of Justice and the Civil Registry and Law 42/2015, of 5 October, of reform of the Law 1/2000, of 7 January, of Civil Procedure, and both, in their respective texts, contain provisions dealing with aspects relating to telematic and electronic communications. In this sense, the content of the first provision of the latter which, under the heading 'use of telematic means', constitutes a singular and specific legal basis for this real, is of particular significance and significance. I decree, regulating in it technical aspects of special importance that affect specific areas of competence and deriving consequences on the judicial processes and, therefore, on the rights of the citizens.

Likewise, the foundation of this regulatory norm is found in the new wording of Article 230 of the Law of the Judicial Branch, which establishes the obligation of the Courts and Tribunals and also of the Fiscalas use any electronic, computer and telematic technical means placed at their disposal for the purpose of carrying out their activities and carrying out their duties, subject to the legal constraints resulting from their application.

This royal decree also finds its legal basis in Articles 4 and 6 of Law 18/2011 of 5 July, which respectively establish the right of choice of the citizen of the channel through which to relate to the Administration of Justice and, where appropriate, to choose the applications and systems to do so electronically, and the right and duty of the professionals of the justice to relate to it by electronic channels. However, this Law has been amended by the Law of Reform of Law 1/2000, of January 7, of Civil Procedure, providing for the possibility that legally or regulatorily be established the obligation to communicate with the Administration of Justice only by electronic means in the case of legal persons or groups of natural persons who, by reason of their economic or technical capacity, professional dedication or other accredited reasons, are guaranteed access and availability of the precise technological means.

This royal decree is dictated by making use of the habilitation contained in paragraph 2 of the additional provision of the Organic Law of the Judiciary, as well as that which it establishes, with respect to the jurisdiction of the Ministry of Justice, the second provision of Law 18/2011, of July 5.

Finally, in the process of drafting this royal decree they have issued a report, among others, the General Council of the Judiciary, the Fiscal Council, the State Technical Committee of the Electronic Judicial Administration and the Agency. Spanish de Protección de Datos.

In its virtue, on the proposal of the Minister of Justice, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of the 27th of November 2015,

DISPONGO:

CHAPTER I

General provisions

Article 1. Object and scope of application.

1. This royal decree aims to develop Law 18/2011 of 5 July, regulating the use of information and communication technologies in the Administration of Justice, in respect of communications and notifications. electronic, as well as the electronic submission of documents, documents or other means or instruments and the transfer of copies, in the field of jurisdiction of the Ministry of Justice and without prejudice to the powers assumed by the Communities Stand-alone.

2. Its provisions shall apply:

a) To all members of the judicial and tax organs and offices.

b) To all professionals working in the field of the Administration of Justice.

c) To the relations between the judicial and fiscal organs and offices and the technical bodies that assist them and the other public administrations and agencies and the Security Forces and Corps.

d) To persons who by law or regulation are required to intervene through electronic means with the Administration of Justice.

e) To citizens exercising the right to engage with the Administration of Justice through electronic means.

Article 2. Definitions.

For the purposes of this royal decree:

(a) Members of the judicial and fiscal organs and offices: the members of the Judicial and Fiscal Career and the officials of the Superior Legal Body of the Administration of Justice and the Corps of Physicians Forensics, of the National Institute of Toxicology and Forensic Sciences, of the Technical and Administrative Management, Technical Specialists of the National Institute of Toxicology and Forensic Sciences, of Procedural And Administrative Processing, The National Institute of Toxicology and the Judicial Aid and Laboratory Assistant Forensic Sciences, as well as technical teams that support judicial activity.

b) Professionals of justice: professionals working in the field of the Administration of Justice. In particular, Lawyers, Attorneys, Social Graduates, State Bar, Letters of the General Courts and the Legislative and Letters Assemblies of the Legal Service of the Social Security Administration, of the other Public administrations, Autonomous Communities or Local Authorities, as well as the Colleges of Attorneys.

They will also have the consideration of justice professionals for this purpose.

(c) Electronic presentations: the contribution, presentation or referral to the judicial and tax organs and offices of all kinds of writings, applications, documents, opinions, reports or other means, instruments or files on the part of citizens, professionals of justice, administrations and public bodies and security forces and bodies through an electronic channel. Also the presentations made by the judicial and tax organs and offices in the legally anticipated assumptions.

(d) Electronic communications and notifications: the implementation by an electronic channel of the acts of procedural communication emanating from the organs and judicial offices, such as notifications, citations, sites, requirements, commandments, trades and exhorts. Likewise, the acts of communication emanating from the fiscal organs and offices, from the Institutes of Legal Medicine and Forensic Sciences, from the National Institute of Toxicology and Forensic Sciences and from the technical teams that lend support to the judicial activity, in the legally intended cases.

e) Information on digital or electronic support: all information digitised and stored in an electronic medium in a way that allows it to be processed and transmitted electronically in accordance with Law 18/2011 of 5 July.

f) Electronic transmission of information: remote transmission of data embedded in documents or files of other type that is performed by the use of an electronic channel.

g) Electronic channel: any channel of data transmission by electronic, optical or radio-frequency means.

Article 3. Presentations, communications and electronic notifications.

1. Presentations and communications and notifications made by electronic channels shall comply with the procedural rules.

2. Electronic information and communication systems shall be required to record the transmission and receipt of the presentations and of the notifications and notifications, of the date and time of their departure and of those of the placing on the market. the data subject's disposition, its entire content and the access to it, as well as the identification of the sender and the consignee thereof. The identification and authentication systems shall be in accordance with the provisions of Law 18/2011 of 5 July of 19 December of 19 December 2014 of the European Parliament and of the Council of 19 December 2014 on electronic signatures of 23 July 2014, and in this royal decree.

3. All electronic information and communication systems should be governed by the Bases of the Judicial and Security Scheme. To this end, all applications and systems that are used to communicate with the Administration of Justice shall make use of the interoperability and security guides of information and communications technologies developed by the State technical committee of the electronic judicial administration, in particular of the document guides and the electronic judicial file, as well as of the signature policy.

Article 4. The right of citizens to choose and enforce presentations and electronic communications and notifications.

Citizens who are not assisted or represented by legal professionals will be able to choose, at all times, how to communicate with the Administration of Justice and how to receive communications and notifications of the same whether or not by electronic channels.

However, they will be required to communicate with the Administration of Justice, in any case, through electronic channels, the following subjects:

a) Legal persons.

b) Entities without legal personality.

(c) Those who carry out a professional activity for which compulsory tuition is required for the procedures and actions they carry out with the Administration of Justice in pursuit of such professional activity.

d) Notaries and Registrars.

e) Those who represent an individual who is required to interact electronically with the Administration of Justice.

f) Officials of the Public Administrations for the procedures and actions they perform on the basis of their position.

g) And those that are legally or regulatively established.

Article 5. Enforcement for legal practitioners and judicial and tax organs and offices.

1. All Lawyers, Attorneys, Social Graduates, State Lawyers, Letters of the General Courts, Legislative Assemblies and the Legal Service of the Administration of Social Security, of the other Public Administrations, of the Autonomous Communities or Local Authorities, as well as the Colleges of Attorneys and Confederal Administrators have the obligation to use the electronic systems existing in the Administration of Justice for the submission of written and documents and for the receipt of communication acts.

2. In addition, the electronic information and communication systems, as well as the other computer systems placed at the service of the Administration of Justice, must be used for the performance of their activity by all members of the judicial and tax organs and offices.

Article 6. Forms of identification and authentication.

1. For the use of electronic information and communication systems, electronic identification and electronic signature systems that are in conformity with the provisions of Law 59/2003 of December 19, of 19 December, will be valid. electronic signature, and Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and on the basis of which Directive 1999 /93/EC is repealed and is appropriate to ensure the identification of the interveners and, where appropriate, the authenticity and integrity of electronic documents.

2. The Administration of Justice may use for electronic identification and authentication of electronic documents producing electronic signature systems for automated judicial action, certificate-based systems electronic staff at the service of the Administration of Justice and other signature systems that allow the signature to be attributed to the signatory and check the authenticity of documents on the basis of Safe Codes of Verification.

In addition, identification, authentication and electronic signature systems may be used, where appropriate, through the use of concerted keys by reusing state administrative public sector platforms.

3. Legal persons and entities without legal personality may use systems based on electronic certificates of a legal person or entity without legal personality, as well as advanced electronic certificates based on certificates qualified.

4. The use of the electronic signature does not preclude the obligation to include in the documents or in electronic communications the identification data of the signatory and, where appropriate, of the person or entity to whom it represents and those necessary to agreement with the applicable legislation.

Article 7. Security in presentations, communications and electronic notifications.

1. To ensure the access, integrity, availability, authenticity, confidentiality, traceability and preservation of the data, information and services used in the presentations and in the electronic communications and notifications in the Administration of Justice shall apply the Judicial Scheme for Interoperability and Security.

2. Electronic information and communication systems shall comply with the minimum security requirements set out in the Bases of the Interoperability and Safety Judicial Scheme. These requirements, in accordance with the provisions of article 54 of Law 18/2011 of 5 July, regulating the use of information and communication technologies in the Administration of Justice, will be developed by means of a technical guide. of security, in line with the provisions of the Technical Instructions for Security of the General Administration of the State.

3. The provisions of this royal decree will be applied by observing and guaranteeing the security and confidentiality of the data contained in the files, systems and applications of the Administration of Justice in the terms established in the Organic Law. 6/1985, of July 1, of the Judiciary.

CHAPTER II

Presentations, copying copies, communications, and electronic notifications

Article 8. Electronic channels.

1. The submission of documents and documents, the transfer of copies and the carrying out of communications and notifications by electronic means shall be carried out through the LexNET system or through the appropriate electronic judicial office.

2. Citizens who are not assisted or represented by legal professionals choose to communicate with the Administration of Justice by electronic means or are obliged to do so may use the Shared Service of Management Electronic Notifications and the Citizen Folder provided by the Ministry of Finance and Public Administrations whenever the technological means permit.

3. The Schools of Attorneys will enable the necessary means to guarantee the presentation of written and documents, the transfer of copies and the reception of the acts of communication by electronic means, by all their professionals in any Part of the national territory, regardless of the College of Adscription Prosecutors to which they belong.

Article 9. Submission of documents and documents by electronic channels.

1. The courts and prosecutors, as well as the legal practitioners, will forward their writings and documents through the LexNET system.

Administrations and public bodies and the Security Forces and Bodies may also use the services of the electronic judicial headquarters that are expressly provided for them.

2. Where, in accordance with the provisions of the procedural rules, legal assistance and representation by a public prosecutor or, where appropriate, a Social Undergraduate, citizens who choose to relate to the Administration of Justice are not required. electronic means and persons who are obliged to do so in accordance with the laws or regulations shall use for the submission of documents and documents the electronic judicial office. They may also use the Shared Service of Electronic Notification Management and the Citizen Folder provided by the Ministry of Finance and Public Administrations whenever the technological means permit.

3. The presentation of all kinds of written documents, documents, opinions, reports or other means or instruments must be accompanied by a standard form with a comprehensive detail or index of the number, order and description of the contents of each one of the documents, as well as, where appropriate, of the court or prosecutor to which it is addressed and the type and number of file and year to which the document refers. This standard form shall be in accordance with the provisions of Regulation No 2/2010 on general criteria for the homogenisation of the proceedings of the common procedural services, approved by the Agreement of 25 February 2010, of the Council's plenary session General of the Judiciary.

Article 10. Moving of electronic copies.

1. Where the submission of documents and documents is made by Procurators and copies must be carried out in addition to the terms provided for in Article 276 et seq. of Law 1/2000 of 7 January of Civil Procedure, it may be carried out through the platform of the General Council of Attorneys of Spain approved technically by the Ministry of Justice and connected to LexNET.

In the event that the transfer of copies between Procurators is carried out through the platform of the General Council of Attorneys of Spain, the electronic filing that is directed to the judicial or fiscal body or office shall contain an electronically signed supporting evidence showing unequivocally that the transfer of copies has been carried out in accordance with the procedural provisions.

2. The obligation to carry out copies of documents and documents when they are involved shall be equally enforceable, in the terms provided for in Articles 276 et seq. of the Law on Civil Procedure, in the criminal courts, administrative and social disputes.

Article 11. Communications and notifications by electronic channels.

1. The judicial and tax authorities and offices shall carry out the acts of communication with the procedural parties and, where appropriate, with the third parties, by means of the following electronic channels:

(a) The LexNET system, in the case of other bodies and offices and prosecutors, where the parties involved in the proceedings are represented by legal practitioners and so permit the rules where the addressees of the acts of communication are the public administrations and bodies and the security forces and bodies.

b) The electronic judicial seat.

c) The Shared Service of Electronic Notification Management and the Citizen Folder provided by the Ministry of Finance and Public Administrations whenever the technological means permit.

d) Other electronic information and communication systems that can be established.

2. The provisions of Article 162.2 of the Law on Civil Procedure shall apply to the acts of communication carried out through the electronic judicial headquarters.

3. All of these means must meet the requirements of authenticity, integrity, temporality and creditable protection in the sending and receiving processes.

Article 12. Availability of electronic systems.

1. The electronic means related to the above articles shall be in operation for the 24 hours of the day, every day of the year, without prejudice to the provisions of the following paragraph. In no event shall the electronic submission of documents and documents or the receipt of acts of communication by electronic means imply the alteration of the provisions of the laws on the working time for procedural proceedings, time limits and their Nor will it entail any discriminatory treatment in the processing and resolution of the proceedings and proceedings before the courts and prosecutors.

2. Where the submission of documents and documents within the time limit by electronic means is not possible for an unplanned interruption of the electronic communications service, the measures for which the user is practicable shall be provided. is informed of this circumstance, as well as of the effects of the suspension, with an express indication, where appropriate, of the extension of the time limits for imminent expiry. The sender may, in this case, make his presentation to the court or prosecutor on the first working day following the supporting evidence of such interruption.

In cases of planned interruption due to the unavoidable performance of maintenance work or other technical reasons, it may be necessary to plan stops of the computer systems that affect or otherwise make impossible the electronic communications service. These stops shall be notified by the computer system at least 20 days in advance, indicating the estimated time of unavailability of the service. This time limit may be reduced in the case of security measures and other urgent correction needs.

CHAPTER III

LexNET System

Article 13. Definition and features.

1. The LexNET system is a means of secure transmission of information that through the use of cryptographic techniques guarantees the presentation of written and documents and the reception of communication acts, their dates of issue, making available and receiving or accessing the content of the same.

The LexNET system also guarantees the full content of the communications and the identification of the sender and the recipient of the communications by means of appropriate authentication techniques, in accordance with the provisions of the Law 59/2003, dated 19 December, electronic signatures, and in Regulation EU No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999 /93/EC.

2. The LexNET system shall be considered as an electronic delivery system certified in accordance with Article 43 of Regulation EU No 910/2014 of the European Parliament and of the Council of 23 July 2014.

3. When the dispatch comes from a public authority or body and the Security Forces and Corps the system of access by user and password may be used, provided that the communication is carried out through the Application Systems and Networks for Administrations.

Article 14. LexNET system functionality.

The LexNET system will provide the following functionality:

(a) The presentation and transport of procedural documents and documents accompanying them, as well as their distribution and referral to the court or prosecutor responsible for processing them.

b) The management of the copy transfer, so that copies are credited to the date and time when the shipment was actually made to the remaining Proctors and their identity, in accordance with the provided for in the procedural laws.

(c) The conduct of acts of procedural communication in accordance with the requirements laid down in the procedural laws.

d) The issuance of electronic safeguards, integrable in the application of procedural management, accreditable of the correct performance of the presentation of written documents and documents, of the transfers of copies and of the remission and receipt of the acts of procedural and, in any case, the date and time of the effective implementation.

e) The constancy of a seat for each of the electronic transactions referred to in the preceding numbers, carried out through the system, identifying each transaction the following data: identity of the sender and of the the recipient of each message, the date and time of its effective implementation provided by the system and, where applicable, the judicial process to which it relates, indicating the type of procedure, number and year.

Article 15. System administration.

1. The Ministry of Justice, which is responsible for administering and maintaining the operating environment and availability of the system, may sign agreements on technological cooperation with the Autonomous Communities which have received the transfer of functions and services. in relation to the material means of the Administration of Justice, for the implementation of the electronic system called LexNET in its relevant territorial areas. Such agreements shall conform to the characteristics of the system and shall respect the guarantees laid down in this royal decree.

The Ministry of Justice shall make available to all the Autonomous Communities referred to in the preceding paragraph the LexNET telecommunications system.

The Ministry of Justice will have the responsibility to ensure the proper functioning, custody and security of the system, without prejudice to the privileges corresponding to the Autonomous Communities that have received them. transfer of functions and services in relation to the material means of the Administration of Justice under the terms of the technological cooperation agreements signed with them.

2. The General Council of Spanish Lawyers and the General Council of Attorneys of Spain will be able to connect their platforms with the LexNET system provided that this connection is technically approved by the Ministry of Justice and allows the complete interoperability with that system. These interconnections shall be aimed at making it easier for the legal professionals assigned to comply with the obligations laid down in Article 162 of the Law on Civil Procedure and the duties referred to in the Law. 18/2011, dated July 5.

The General Councils that interconnect with LexNET must maintain their interoperable platforms and applications with the LexNET system.

The updating and interoperability of the systems of the General Councils will be the exclusive competence of the Councils.

Article 16. LexNET system availability.

1. When for any reason, the LexNET system or the platforms of the General Council of Spanish Lawyers and the General Council of Attorneys of Spain, which were technically approved by the Ministry of Justice and connected to LexNET, could not provide the service under the conditions laid down, users shall be informed for the purposes of the possible submission of written documents and documents and the transfer of copies, as well as of the conduct of the acts of communication in non-electronic form and shall be issued, upon request, justifying the interruption of the service or certificate of the General Council Corresponding professional expressive of such impossibility, the time that remained inactive and the causes. The supporting documents and certificates issued by the General Professional Councils shall have the effect provided for in the second paragraph of Article 162.2 of the Law on Civil Procedure, in order to enable the addressee of the communications to justify the lack of access to the system for technical reasons during that period.

2. Before the recipient has access to the content of the consignment, the LexNET system shall at least show the essential information concerning the sender of the consignment, subject, class and number of procedures in his case, as well as the date of dispatch. In order for the person to access the content of the communication, he must accept it.

3. Once written, communications and notifications, as well as any other procedural documents transmitted by electronic means, have been deposited in the users ' virtual mailboxes, they will be accessible for a period of sixty days. After this deadline, the mailbox of these documents shall be removed, except for the electronic records of the transmission.

4. In order to achieve adequate management and treatment by the addressees of electronic communications and notifications, where a mass accumulation of such communications and notifications occurs after an indeft period or due to circumstances exceptional, the system itself shall prevent the volume of regular departure from being exceeded by more than fifty per cent per day and, if it is technically not possible, those responsible for the consignment shall take the necessary measures to that end. Finally, the cumulative excess in consecutive referrals during the period of the five days after the period of inability or the cessation of the exceptional circumstance.

5. Technical mechanisms ensuring the confidentiality of the transmitted procedural information shall ensure that the system administrator does not have access to its content.

6. However, the custody of the accrediting information of transactions made through the LexNET system corresponds to the system administrator, under the conditions set out in File 1 " Custody of the accrediting information of the transactions carried out ", in Annex I.

Article 17. Functional system operational in presentations, transfer, communications, and electronic notifications.

1. The submission of written and procedural documents and procedural documents, the transfer of copies when the prosecution intervenes and the carrying out of communication through the LexNET system will require the users of the system to upon completion of all the required fields of data listed in Annex III, and which shall be consistent with those of the form provided for in Articles 36.4 and 38.1 of Law 18/2011 of 5 July.

2. The user may, in addition to the main electronic document, incorporate the procedural act itself which is the subject of transmission, other annexes, one for each of the electronic documents to be accompanied. The user may view the electronic documents incorporated as attachments for verification purposes before proceeding with their submission.

Where appropriate, also those elements that are not susceptible of conversion in electronic format and the paper copies will be accompanied to perform the act of communication or the transfer of copies to the non-personated parts.

System users will present their writings using qualified electronic signatures. The electronic documents annexed shall also be electronically signed by means of a recognised or qualified electronic certificate.

When, due to the unique characteristics of a document, the system does not allow its incorporation as an attachment for its submission in electronic form, the user will send the documentation to the recipient by other means, in the form established in the procedural rules and in the following Article, and shall refer to the identifying data for the electronic consignment to which it could not be attached.

3. For the accreditation of the presentation of the documents and documents and the carrying out of the acts of communication, the system shall return to the user an electronic safeguard of the remission and making available of the documentation, receipt by the addressee, of the description of each of the documents transmitted, of the identification of the sender or professional who replaces him and of the consignee, of the type of judicial procedure, number and year, as well as of the date and time of their actual performance or any other information deemed relevant in order to Note the certainty of the presentation or realization of such an act of communication.

4. For the transfer of copies between Attorneys, the Colleges of Attorneys will use electronic means that meet the provisions of Article 276 of the Law of Civil Procedure, allow the sending and receipt of copies of documents and documents at the same time as the submission of the letters of procedure, in such a way as to ensure the authenticity of the communication and its content, and to be aware of the full remission and receipt of the documents and of the time at which they were made, with the proof of receipt of its receipt, as appropriate.

The platform of the General Council of Attorneys of Spain, approved technically by the Ministry of Justice, will allow the transfer of copies of documents and documents by any Attorney in any part of the national territory and regardless of the College of Adscription Prosecutors.

5. The system will confirm to the user the receipt of the message by the recipient. The lack of confirmation shall not imply that the reception has not occurred. In cases where anomalies are detected in the electronic transmission or it has not been possible to complete the consignment, the system itself shall inform the user, by means of the corresponding error messages, to proceed to the Either subhealing or perform the submission at another time or using other means.

The error message or deficiency of the transmission may be printed or archived by the user and, if the system allows, integrated into the procedural management systems for the purposes of accreditation of the failed attempt.

In cases where there has been an error in the receipt and incorporation of the procedural management systems and the same has been remedied in time and form, within the channels provided by the system, the system will issue a safeguard accreditable of the corresponding subhealing, respecting the date and time of the shipment initially made.

Article 18. Limitations on the volume or format of attachments.

When due to the excess volume of the attachments, the format of the attachments, or the lack of capacity of the LexNET system, the system does not allow its inclusion, preventing the submission in conjunction with the document principal, shall be sent only in writing through the electronic system and the other documentation, together with the standard form provided for in the last paragraph of Article 9 or, failing that, the index with the number, class and description of the the documents and the acknowledgement of receipt of the consignment issued by the system shall be presented in digital or in any other type of electronic means which is accessible to the courts and prosecutors, on that day or on the business day immediately after the date of completion of the main consignment, in the court or prosecutor's office or office corresponding. In these cases, the files must be analyzed with anti-virus software before proceeding to their dump in the systems of procedural management by the personnel of this one.

Article 19. Substitutions and authorizations of the legal professionals.

1. The LexNET system will allow in the presentation of the documents and documents, the transfer of copies and the reception of the acts of communication, the replacement of the professionals of the justice who are of the same profession or body, its statutory rules.

2. The high in the LexNET system for legal professionals will involve ownership over a virtual mailbox. The holder of each mailbox may bind to other users as authorized so that, in his name, they can carry out with full legal effects the shipments of documentation or reception of communication from that mailbox. Authorised users shall in any case have access by means of their own electronic certificate. The system shall ensure the audit of persons who have access to the mailbox and at what time, the actions carried out by the titular or authorised user and the result thereof.

However, in the presentations of documents and documents, these must have been previously signed by the mailbox holder with their electronic certificate even if the referral is executed materially by a user. authorized by that.

CHAPTER IV

Electronic judicial seat

Article 20. Submission of documents and documents through the electronic judicial office.

Citizens who are not required to be represented or assisted by legal professionals, choose to relate to the Administration of Justice by electronic means or are obliged to do so by law or regulation. submit the documents, claims, applications and documents in the formats and with the characteristics described in Annex IV, to the judicial and tax organs and offices through the electronic judicial office, unless they use the Service Shared by the Management of Electronic Notifications and the Citizen Folder provided by the Ministry of Finance and Public Administrations if the technological means allow it.

Article 21. Communications and notifications by electronic appearance.

1. The communication and notification service shall be provided by the electronic judicial office for the electronic appearance of the citizen. In this case, the duly identified citizen may access the content of the procedural resolution subject to communication and notification.

2. The electronic appearance notification service shall meet the following requirements:

(a) Immediately prior to accessing the content of the act of communication, the person concerned shall display a notice of the nature of the notification, summons, location or requirement which shall contain such access.

(b) The relevant electronic information and communication system shall record such access with time stamp.

3. In order to facilitate the conduct of the act of communication, the citizen may provide a mobile telephone number or regular e-mail address in order to receive them a notice of the provision of an act of Communication by electronic appearance to which you can access and consult from the Internet.

Article 22. Communications and notifications by electronic address enabled.

1. The electronic judicial office may also carry out the acts of communication emanating from the judicial and fiscal organs and offices by means of the electronic address enabled. To this end citizens will be able to request the opening of this electronic address that will allow:

a) Credit the time when the content of the resolution to communicate is made available to the procedural party.

b) Let the date and time of access to its contents be recorded.

c) Ensure the user identity and its exclusive use by the user.

2. The electronic address shall be valid for an indefinite period, except in the cases where the person concerned is requested to revoke the electronic address by the person who has died, the legal personality or the dissolution of the entity is extinguished without delay. personality, by judicial decision which so directs, or for the course of five years without being used to perform any act of communication.

Article 23. Communication and notification by e-mail.

Organs and offices and prosecutors will be able to conduct communication in the email addresses that citizens choose whenever the moment of access to the content of the communication is generated automatically and independently of the will of the citizen an acknowledgement of receipt of the day and time of the referral of the act of communication and of the full receipt of its contents and of the accompanying documents.

The citizen must be expressly advised that he will only be able to opt for the e-mail as a means of communication with the Administration of Justice if it generates an acknowledgement of the access to the content of the message.

Article 24. Communication and edictal notification.

Those resolutions and acts of communication which require their publication in the notice board of the court and/or the judicial office and/or office shall be published on the Edictal board of the seat or the electronic judicial sub-office. fiscal.

Any further processing of the information published on the edictal board shall be subject to Law 15/1999 of 13 December on the Protection of Personal Data and its provisions for development.

The search systems that are implemented in the edictal plank will have the necessary mechanisms to prevent the indexing of the information contained in the board and automatic recovery of the published ads by means of search engines from the Internet.

Article 25. Text messages.

The procedural parties and third parties involved in the proceedings may provide numbers of electronic devices, mobile phones, or e-mail addresses through which the organs may be contacted. and judicial and tax offices in order to send them text messages or notices of support for the acts of communication and to identify the website or link where the act of communication is available to the addressee. documentation, but never with procedural effects.

Additional disposition first. Computer system for the presentation of writing, copying and carrying out of communication in the Military Jurisdiction.

The implementation of the LexNET system in the Military Jurisdiction and the Military Legal Prosecutor's Office will be jointly conducted by the Ministries of Justice and Defense through the most effective instruments of collaboration. effective for that purpose.

Additional provision second. Standard form model.

The Ministry of Justice shall, by means of a decision of the holder of the General Secretariat of the Administration of Justice, approve the standard form model provided for in Article 9 (3

.

Additional provision third. Guarantees of accessibility to electronic services.

The Ministry of Justice will ensure that all citizens, with special attention to the elderly or disabled, who are related to the Administration of Justice can access electronic systems information and communication on an equal basis, regardless of their personal circumstances, means or knowledge.

First transient disposition. The validity of the collaboration conventions subscribed for the use of the LexNET system.

The collaboration agreements for the use of the LexNET system subscribed prior to the entry into force of this royal decree by the Ministry of Justice with other public administrations will remain valid until their expiration or denunciation by any of the parties, being equally liable to be extended under the terms and conditions stipulated in each of them.

Second transient disposition. Use of email as a certified electronic delivery service.

Until the citizen who opts for the use of e-mail as a means of communication with the Administration of Justice does not have a system that generates an acknowledgement of the access to the content of the message, the judicial and tax authorities and offices shall provide the service of communication and notification to the citizen who chooses this means, in all jurisdictional orders, through electronic judicial headquarters.

In these cases, the email address provided will serve the courts and prosecutors as a means of support to send the recipient notice of the conduct of the act of communication and that identify the website or link where the relevant communication act and documentation are available to the addressee, but never with procedural effects.

Transitional provision third. Embedding administrators with the LexNET system.

The admins, until the day following the publication of the regulatory development on the regime of the insolvency administration provided for in the second transitional provision of Law 17/2014, of 30 September, for which urgent measures are taken in the area of refinancing and restructuring of corporate debt, will continue to communicate with the Administration of Justice through paper support. From that date they shall be required to submit written submissions and to receive communications and notifications by the LexNET system.

Single repeal provision. Regulatory repeal.

Royal Decree 84/2007, dated 26 January, on the implementation of the LexNET telecommunications computer system for the submission of documents and documents, the transfer of copies and the conduct of procedural communication by telematic means.

Final disposition first. Competence title.

This royal decree is dictated by the provisions of Article 149.1.5. of the Spanish Constitution, which attributes exclusive competence to the State in matters of the Administration of Justice.

Final disposition second. Faculty of development.

1. The Ministry of Justice is empowered to make the necessary provisions for the application and development of this royal decree.

2. The Minister of Justice is also enabled to modify the automated files of personal data contained in Annex I, to vary the relationship of users that are reflected in Annex II, to modify and approve the relation of fields of the standard form included in Annex III, as well as for the updating of the technical requirements and criteria set out in Annex IV of this royal decree, all in compliance with the provisions of the Organic Law 15/1999 of 13 December, for the protection of personal data and supplementary provisions and in Regulation 1/2005, of the aspects of the accessories of the judicial proceedings, approved by Agreement of 15 September 2005 of the plenum of the General Council of the Judiciary.

Final disposition third. Limitation of public expenditure.

This royal decree will not entail an increase in public spending or the allocation of personnel.

Final disposition fourth. Entry into force.

This royal decree will enter into force for the judicial and tax organs and offices and for the legal practitioners on January 1, 2016.

For citizens who are not represented or assisted by justice professionals and opt for the use of electronic means to communicate with the Administration of Justice and for those who are forced to do so in accordance with the laws or regulations shall enter into force on 1 January 2017.

Given in Madrid, on November 27, 2015.

FELIPE R.

The Minister of Justice,

RAFAEL CATALA POLO

ANNEX I

Files with transaction and personal character data in the LexNET system

File 1. Custody of the accrediting information of the transactions made

(a) Purpose and intended uses of the file: secure recording, custody and preservation of electronic documents of electronic transactions.

(b) Persons or collectives holding the data: the users of the system and any subject involved in the judicial proceedings or actions of the Prosecutor's Office.

c) Data collection procedure: The data contained in the electronic records that are automatically generated by the system come from the field relationships to be filled in by the users.

d) Basic file structure and description of the data types included: data and information contained in the electronic records concerning the identity of the sender and the recipient of each message, date and time of their effective implementation provided by the system, and judicial process or action of the Fiscal Ministry to which it refers, indicating the type of procedure, number and year, as well as the written and notifications, the acknowledgments of receipt, due diligence, any other procedural message transmitted by electronic means to which the Article 16 (2) and Article 17 (3) of this royal decree.

e) Data or transfer data-not expected.

f) Organs of the Administrations responsible for the file: Subdirectorate General of New Technologies of Justice. General Secretariat of the Administration of Justice. Secretary of State for Justice. Ministry of Justice.

g) Services or units to exercise the rights of access, rectification, cancellation and opposition: Subdirectorate General of New Technologies of Justice. General Secretariat of the Administration of Justice. Secretary of State for Justice. Ministry of Justice.

h) Security measures, with an indication of the level required: all security measures corresponding to the high level provided for in Royal Decree 1720/2007 of 21 December, approving the Regulation of development of the Organic Law 15/1999 of 13 December on the Protection of Personal Data.

File 2. LexNET System User Management

a) Purpose and intended uses of the file: to have an up-to-date relationship of users who have access to the LexNET system, for the purpose of the user management activity and to establish mechanisms or procedures identification and authentication for such access.

b) Persons or collectives holding the data: those listed in Annex II to this royal decree.

c) Data collection procedure: supplied by the data subject himself through high processing.

d) Basic file structure and description of the data types included:

1. The identification and contact data: DNI or NIE, first name, last name, e-mail address, and public part of the user certificate.

2. Professional data indicators of the quality of the intervention in the judicial process or in the action of the Fiscal Ministry: Body, Scale, Career or Professional Collective of Membership, Organ and Unit of Destination or attachment.

e) Data or transfer data-not expected.

f) Organs of the Administrations responsible for the file: Subdirectorate General of New Technologies of Justice. General Secretariat of the Administration of Justice. Secretary of State for Justice. Ministry of Justice.

g) Services or units to exercise the rights of access, rectification, cancellation and opposition: Subdirectorate General of New Technologies of Justice. General Secretariat of the Administration of Justice. Secretary of State for Justice. Ministry of Justice.

(h) Security measures, indicating the level required: all security measures corresponding to the basic level provided for in Royal Decree 1720/2007 of 21 December, approving the Regulation of Development of the Organic Law 15/1999 of 13 December on the protection of personal data.

ANNEX II

LexNET system user relationship

1. Fiscal Ministry.

2. Officials of the Superior Legal Administration of Letters of the Administration of Justice.

3. Officials of the Forensic Medical Corps, Faculty of the National Institute of Toxicology and Forensic Sciences, Specialist Technicians of the National Institute of Toxicology and Forensic Sciences and the Institute's Laboratory Adjutants National of Toxicology and Forensic Sciences.

4. Officials from the Process Management and Administrative Corps.

5. Officials of the Procedural And Administrative Processing Body.

6. Officials of the Judicial Auxiliary Corps.

7. State advocacy.

8. Illustrious Colleges of Attorneys and Attorneys.

9. Lawyers.

10. Social Graduates.

11. Administrator of the College of Attorneys and, where appropriate, of the Bar Association.

12. Lawyers of the General Courts and Legislative Assemblies.

13. Officials and Letters of the Legal Service of the Administration of Social Security, other public administrations, Autonomous Communities or Local Authorities.

14. Organs of the General Administration of the State, the Autonomous Communities and local entities and their public bodies and the Security Forces and Corps.

15. Administrators consign.

16. Others that could be included by holding the relevant convention.

ANNEX III

Field relationship to be completed for writing through the LexNET system

and Surname of the sender.	Auto-fulfillment.
Sender Professional Code.	Fulfillment automatic.
Name of the Professional College sender.	Auto-fulfillment.
Sender's Professional College Code.	automatic fulfillment
Name of the target organ.	Required.
Code of the target organ.	Required.
Procedure Type.	Required (except initiators).
of procedure.	.		Reference. Optional.
	Reference. Optional.	Reference.
Main document.
	(s) The user_table_izq"> Procurator (s) recipients, in case of copy move.	Relationship of Proctors to select the recipients of the copies. Optional.

Relationship of fields to be completed for performing communication acts through the LexNET system

	Remarks
Name of the sender organ.	Auto-fulfillment.
Code of the sender organ.	Auto-fulfillment.
Name and Surname of the recipient.	Required
recipient's Professional Code	Required
Name of the recipient's Professional College.	Required.
Code of the recipient's Professional College.	Required.
Procedure Type.	Required.
Number.	Document
Required.
Document (s) attachment (s).	Optional.

ANNEX IV

LexNET system access requirements and technical requirements

1. The submission of documents and documents and the electronic receipt of procedural documents by electronic identification and electronic signature systems shall be accepted, as provided for in Annex II, to the users listed in Annex II, in Law 59/2003 of 19 December 2014 on electronic signatures and Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for transactions (a) electronic trading on the internal market and repealing Directive 1999 /93/EC for transactions electronic in the internal market.

2. As a step prior to the use of the system, users will have to request the user's registration with their user certificate by connecting to the Web address https://lexnet.justicia.es, except in cases where the connection can be be established through the professional platforms of the various legal operators recognised by the Ministry of Justice. In this web address all information regarding the usability and accessibility of the system will be available. This discharge application must be validated by the competent administrators of the user groups authorised as a guarantee of belonging to a particular group. Without this validation, the user will not be able to use the system.

All this, without prejudice to the privileges in the field of high users who assume the Autonomous Communities that have received the transfer of functions and services in relation to the material means of the Administration of Justice in the terms of the Technology Cooperation Agreements signed with the Ministry of Justice.

3. The presentation of documents and documents before the courts and prosecutors and the receipt of the communication acts which they will be sent may be made by connecting to the web address https://lexnet.justicia.es; prejudice to the possibility that the connection may be established through other channels, such as professional platforms, recognised by the Ministry of Justice, of the various legal operators, or through the administrative intranet of the General government.

4. When system usage is performed through web pages, the most widely used browsers will be supported among LexNET users.

Additionally, the system may be accessed through Web services or other mechanisms that the Ministry of Justice determines, based on appropriate interoperability techniques in order to enable the operation to be carried out with other systems.

5. The main document or document of the consignment must be presented in the format PDF/A with the characteristic OCR (optical character recognition), that is, it must have been generated or scanned with software that allows to obtain as final result a file in an editable text format on whose content searches can be performed and must be signed electronically with the signature or signatures of the acting professionals.

6. Documents that are attached to the pleadings must be submitted according to their contents in one of the formats that the Standards and Interoperability Guide and the Guide to Interoperability and Security of the Document Electronic Court of Justice establish for this purpose. The following are recommended: .pdf, .rtf, .jpeg, .jpg, .tiff, .odt, .zip.

Documents that contain only text must be presented, mainly, with the characteristics described in the previous number.

Compressed files can only contain documents in the formats: .pdf, .rtf, .jpeg, .jpg, .tiff, .odt.

In no case will you be able to submit audio, video or compressed zip files through LexNET containing files in formats other than those mentioned above.

Attached documents must be submitted to each other in as many digital files as documents to be submitted by the submission. It is not possible to submit a single pdf containing all documents.

At the time of your generation in the scanning process, the documents will be described in a descriptive manner. The name must be preceded by the cardinal number corresponding to the place or order that they will occupy when they are annexed or attached in the shipment to be made. Its class and brief description must be included, without the use of a generic or numeral allusion.

7. The system will allow access to the files in parallel and integrated, before proceeding to the submission.

8. Scanning or scanning devices which are used for processing into digitised documents of the paper workers and which are attached to the pleadings and acts of procedural communication shall be configured with the characteristics which The Guide to Interoperability and Security of Digitalization establishes. Until publication is recommended:

a) Activate the Resolution of the Scanner to 200x200.ppp or, failing that, the minimum that the device allows.

b) Select PDF/A document output type

c) Select output type: a single document.

d) Activate the OCR (Character Recognition).

e) Select the Black Output color.

Color features will be used only, when the content of the information to be attached so requires.