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Royal Decree 4/2010, Of January 8, Which Regulates The National Interoperability Scheme In The Field Of Egovernment.

Original Language Title: Real Decreto 4/2010, de 8 de enero, por el que se regula el Esquema Nacional de Interoperabilidad en el ámbito de la Administración Electrónica.

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TEXT

I

Interoperability is the capacity of the information systems and the procedures to which they support, to share data and to enable the exchange of information and knowledge between them. It is necessary for the cooperation, development, integration and provision of joint services by public administrations; for the implementation of the various public policies; for the implementation of different principles and rights; for the transfer of technology and the reuse of applications for the benefit of better efficiency; for cooperation between different applications enabling new services; all facilitating the development of the administration electronic and the information society.

In the field of public administrations, the recognition of the right of citizens to communicate with them through electronic means entails a correlative obligation. This obligation has, as premises, the promotion of the conditions for freedom and equality to be real and effective, as well as the removal of obstacles preventing or hindering the full exercise of the principle of technological neutrality. and of adaptability to the progress of information and communications technologies, thereby ensuring independence in the choice of technological alternatives by citizens, as well as the freedom to develop and implement the technological advances in a free market area.

Law 11/2007, of 22 June, of electronic access of citizens to public services, recognizes the importance of interoperability and refers to it as one of the aspects in which it is obliged that the Regulations are common and must therefore be addressed by the regulation of the State. Interoperability is reflected in the principle of cooperation in Article 4 and has a unique role in the title, fourth, dedicated to cooperation between administrations for the promotion of electronic administration. In that title, the assurance of the interoperability of the systems and applications used by the public authorities is set out in Article 40 between the functions of the cooperation body in this field, the Sectoral Committee of Electronic Management. Article 41 then refers to the application by the public authorities of the IT, technological and organisational measures, and of security, which ensure an adequate level of technical interoperability, semantics and (i) the European Parliament, the European Parliament, the European Parliament and the European Parliament. And then Article 42.1 creates the National Interoperability Scheme which will cover all the criteria and recommendations for safety, conservation and standardisation which will have to be taken into account by the administrations. public for technological decision-making to ensure interoperability between these and the citizens.

The purpose of the National Interoperability Scheme is to create the necessary conditions to ensure the appropriate level of technical, semantic and organizational interoperability of the systems and applications used by the public administrations, which allows for the exercise of rights and the fulfilment of duties through electronic access to public services, while being in the interests of efficiency and effectiveness.

II

The National Interoperability Scheme takes into account the recommendations of the European Union, the technological situation of the different public administrations, as well as the electronic services available in the European Union. use of open standards, as well as in their case, and, in a complementary way, standards of widespread use by citizens.

Its articulation has been carried out in accordance with national regulations on the electronic access of citizens to public services, protection of personal data, electronic signatures and national identity documents. electronic, accessibility, use of official languages, reuse of information in the public sector, and collegiate bodies responsible for electronic administration. Other instruments, such as the National Security Scheme, developed under the provisions of Law 11/2007 of 22 June, or a background such as the Security, Standardisation and Conservation Criteria, have been taken into account. applications used for the exercise of powers.

In terms of the recommendations of the European Union, the European Interoperability Framework, prepared by the Community IDABC programme, as well as other instruments and actions developed by this programme, is being addressed. have an impact on one of the multiple aspects of interoperability, such as the European Centre for Semantic Interoperability, the Open Source Software Observatory and Repository and the European Union Public License. Decision 922/2009 of the European Parliament and of the Council of 16 September 2009 on interoperability solutions for European public administrations, on the management action plans, is also addressed. Electronic communication on interoperability and related aspects, in particular with the Community policy of sharing, reusing and collaborating.

III

This royal decree is limited to establishing the criteria and recommendations, along with the necessary specific principles, that will allow and promote the development of interoperability in public administrations from a global and non-fragmented perspective, in line with the general interest, nature and complexity of the regulated matter, in the field of Law 11/2007 of 22 June, in order to achieve a common regulatory denominator.

Consequently, the National Interoperability Scheme caters to all those aspects that shape interoperability globally. First, the organizational, semantic and technical dimensions referred to in Article 41 of Law 11/2007 of June 22 are addressed; second, the standards are dealt with, which the Law 11/2007, of June 22, puts at the service of the interoperability as well as independence in the choice of technological alternatives and the right of citizens to choose applications or systems to relate to public administrations; third, they are treated as infrastructure and common services, recognised elements of dynamisation, simplification and the spread of interoperability, while facilitating the multilateral relationship; in the fourth place, the reuse, applied to the applications of public administrations, the associated documentation and other objects of the information given that the voice "sharing" is present in the definition of interoperability contained in Law 11/2007 of 22 June, and together with "reuse", both are relevant for interoperability and are entered with the European Union policies in relation to the idea of sharing, reusing and collaborating; in Fifth, the interoperability of electronic signatures and certificates is addressed; lastly, conservation is served, as set out in Law 11 of 22 June of 22 June, as a manifestation of interoperability throughout the time, and that it uniquely affects the electronic document.

In this standard, interoperability is referred to as an integral process, in which there are no specific actions or conjunctural treatments, because the weakness of a system determines its most fragile point and, often, this point is the coordination between individually appropriate but poorly assembled measures.

The rule is structured into twelve chapters, four additional provisions, two transitional provisions, one derogating provision, three final provisions, and an annex containing the glossary of terms.

The National Interoperability Scheme refers to the National Security Scheme for security issues that go beyond the necessary aspects to ensure interoperability.

This royal decree is adopted in accordance with the provisions of the eighth final provision of Law 11/2007 of 22 June 2007 and, in accordance with the provisions of Article 42 (3), and the final provision of that provision This is a standard, it has been developed with the participation of all the Public Administrations to which it is applicable, it has been reported favorably by the Standing Committee of the Superior Council of Electronic Administration, the Sectoral Conference of Public Administration and the National Commission for Local Administration; and has been submitted to the previous the report of the Spanish Data Protection Agency. It has also been subject to the citizens ' hearing in accordance with the provisions laid down in Article 24 of Law 50/1997 of 27 November of the Government.

In its virtue, on the proposal of the Minister of the Presidency, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on January 8, 2010,

DISPONGO:

CHAPTER I

General provisions

Article 1. Object.

1. This royal decree is intended to regulate the National Interoperability Scheme set out in Article 42 of Law 11/2007, of June 22.

2. The National Interoperability Scheme shall include the criteria and recommendations for safety, standardisation and the preservation of information, formats and applications to be taken into account by public administrations. to ensure an adequate level of organisational, semantic and technical interoperability of the data, information and services they manage in the exercise of their powers and to prevent discrimination against citizens by reason of their choice technology.

Article 2. Definitions.

For the purposes set out in this royal decree, the definitions, words, expressions and terms shall be construed as meaning in the Glossary of Terms included in Annex I.

Article 3. Scope of application.

1. The scope of this royal decree shall be that laid down in Article 2 of Law 11/2007 of 22 June.

2. The National Interoperability Scheme and its implementing rules will prevail over any other criteria for interoperability policy in the use of electronic means for citizens ' access to services. public.

CHAPTER II

Basic Principles

Article 4. Basic principles of the National Interoperability Scheme.

The implementation of the National Interoperability Scheme will be developed in accordance with the general principles set out in Article 4 of Law 11/2007 of 22 June, and with the following specific principles of the interoperability:

a) Interoperability as an integral quality.

b) A multidimensional nature of interoperability.

c) Approach to multilateral solutions.

Article 5. Interoperability as an integral quality.

Interoperability will be present in a comprehensive way from the conception of services and systems and throughout its life cycle: planning, design, acquisition, construction, deployment, exploitation, publishing, conservation and access or interconnection with them.

Article 6. Multidimensional nature of interoperability.

Interoperability will be understood to be its organizational, semantic and technical dimensions. The chain of interoperability is demonstrated in practice in inter-administrative agreements, in the deployment of systems and services, in the determination and use of standards, in the basic infrastructures and services of the administrations. public and in the publication and reuse of public administration applications, associated documentation, and other information objects. All this without forgetting the temporal dimension that must ensure access to information over time.

Article 7. Approach to multilateral solutions.

The multilateral approach to interoperability will be favoured in such a way as to obtain the benefits of scaling, the application of modular and multi-platform architectures, sharing, reuse and collaborate.

CHAPTER III

Organizational interoperability

Article 8. General government services available by electronic means.

1. Public administrations shall establish and publish the conditions of access and use of the services, data and documents in electronic format that they make available to the other Administrations specifying the purposes, modalities of consumption, consultation or interaction, the requirements to be met by prospective users, the profiles of the participants involved in the use of the services, the protocols and functional or technical criteria necessary to access these services, the necessary mechanisms of government of the interoperable systems, as well as the applicable security conditions. These conditions must in any case be in conformity with the principles, rights and obligations contained in the Organic Law 15/1999 of 13 December, the Protection of Personal Data and its implementing regulations, as well as the provided for in the National Security Scheme, and the legal instruments to be signed by the public authorities requiring such services, data and documents.

The establishment of agreements between the public administrations and the receiving authorities, and in particular the interoperability nodes provided for in paragraph 3 of this Article, will be enhanced with the aim of simplifying the organisational complexity without prejudice to legal guarantees.

In order to effectively comply with the provisions of Article 9 of Law 11/2007 of June 22, the Sectoral Committee on Electronic Administration will identify, catalog and prioritize the services of the interoperability to be provided by different public administrations.

2. Public administrations shall publish those services which they make available to other administrations through the Spanish Public Administrations Network or any other network equivalent or connected thereto. ensuring safe access to all other administrations.

3. Public administrations may use interoperability nodes, understood as entities to which the management of global or partial sections of organisational, semantic or technical interoperability is entrusted to them.

Article 9. Inventories of administrative information.

1. Public administrations shall keep up to date an Administrative Information Inventory, which shall include administrative procedures and services that are classified and structured in families, with an indication of the level of computerisation of the same. They shall also maintain an up-to-date relationship between their administrative bodies and offices of registration and attention to the citizen, and their relations with each other. Such bodies and offices shall be coded in a univocal manner and this codification shall be disseminated among public administrations.

2. Each public administration shall regulate the form of creation and maintenance of this Inventory, which shall be linked to and interoperate with the Inventory of the General Administration of the State under conditions to be determined by both parties and within the framework of the In this case, the public administrations will be able to make use of the aforementioned centralized inventory for the creation and maintenance of their own inventories. For the description and modelling of the administrative procedures and the processes that support them, the provisions on standards in Article 11 shall apply.

CHAPTER IV

semantic interoperability

Article 10. Semantic assets.

1. The relationship of models of exchange data that have the character of common will be established and maintained, which will be of preferential application for the exchange of information in public administrations, according to the procedure set out in the first provision.

2. The bodies of the public administration or bodies governed by public law linked to or dependent on it, holders of competences in matters subject to the exchange of information with the public and with other public administrations, as well as in infrastructure, services and common tools, shall establish and publish the relevant exchange data models which shall be mandatory for the exchange of information in public administrations.

3. The data models referred to in paragraphs 1 and 2 shall comply with the requirements set out in Article 11 and shall be published, together with the associated definitions and encodings, through the Semantic Interoperability Centre of the European Union. Administration, in accordance with the licensing conditions provided for in Article 16.

4. The definitions and codes used in the data models referred to in the preceding paragraphs shall take account of the provisions of Law 12/1989 of 9 May 1989 of the Civil Statistics Service and of the other provisions governing the the statistical function.

CHAPTER V

Technical interoperability

Article 11. Applicable standards.

1. Public administrations will use open standards, as well as, in their case and in a complementary manner, standards that are widely used by citizens, in order to guarantee independence in the choice of technological alternatives. public and public administrations and adaptability to the progress of technology and, so that:

(a) Electronic administration documents and services that are made available to citizens or other public administrations by the issuing public authorities or entities shall be at least available by open standards.

(b) The documents, electronic services and applications placed by the public authorities at the disposal of citizens or other public administrations shall be, as appropriate, displayable, accessible and operably operable under conditions which allow the principle of technological neutrality to be met and to prevent discrimination against citizens on the grounds of their technological choice.

2. In relations with citizens and with other public administrations, the exclusive use of a non-open standard without offering an alternative based on an open standard will be limited to those circumstances in which it is not available an open standard that satisfies the functionality satisfied by the non-open standard in question and only as long as such availability does not occur. Public administrations will promote standardisation activities in order to facilitate the availability of open standards relevant to their needs.

3. For the selection of standards, in general, and for the establishment of the standards catalog, in particular, the following criteria will be met:

(a) The definitions of standard and technical specification laid down in Directive 98 /34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of standards and technical regulations.

b) The definition of open standard set out in Law 11/2007, of June 22, Annex, letter k).

c) A formalized specification character.

d) Definition of "cost that does not entail difficulty of access", set out in the annex to this royal decree.

e) Additional considerations regarding the adequacy of the standard to the required needs and functionality; conditions regarding their development, use or implementation, available and complete documentation, publication, and governance of the standard; conditions regarding maturity, support and adoption by the market, its potential for reuse, multi-platform and multi-channel applicability and its implementation under various development models of applications.

4. For the use of the complementary standards to the selection referred to in the previous paragraph, account shall be taken of the definition of "general use by citizens" set out in the Annex to this Royal Decree.

5. In any case, citizens will be able to choose the applications or systems to relate to or address the public administrations, provided that they use open standards or, where appropriate, those that are of use The general public. In order to facilitate interoperability with public administrations, the standards catalogue shall contain a list of open standards and, where applicable, complementary standards.

CHAPTER VI

Infrastructure and common services

Article 12. Use of common infrastructure and services and generic tools.

Public administrations will link those infrastructures and services that they can implement in their field of action with the common infrastructures and services provided by the General Administration of the State for to facilitate interoperability and the multilateral relationship in the exchange of information and services between all public administrations.

CHAPTER VII

Public Administrations Communications

Article 13. Communications network of the Spanish public administrations.

1. In order to comply with the provisions of Article 43 of Law 11/2007 of 22 June, public administrations will preferably use the Spanish Public Administrations Network to communicate with each other, for which connect to it, either their respective networks or their interoperability nodes, in such a way as to facilitate the exchange of information and services between them, as well as the interconnection with the networks of the Union institutions European and other Member States.

The SARA Network will be provided by the Spanish Public Administrations Network.

2. For the connection to the communications network of the Spanish public administrations, the requirements laid down in the first provision shall apply.

Article 14. Management's routing plan.

Public Administrations will implement the Network Routing and Interconnection Plan in the Administration, approved by the Superior Council of Electronic Administration, for interconnection through the networks of communications from public administrations.

Article 15. Official time.

1. The systems or applications involved in the provision of a public service by electronic means shall be synchronised with the official time, with a precision and phase that guarantee the certainty of the time limits laid down in the administrative procedure which satisfy.

2. The timing of the date and time will be performed with the Royal Institute and Observatory of the Navy, in accordance with the provisions of the legal time in Royal Decree 1308/1992 of 23 October, declaring the Laboratory of the Royal Institute and Observatory of the Navy, as a laboratory of the national standard of time and laboratory associated with the Spanish Center of Metrology and, where possible, with the official time at European level.

CHAPTER VIII

Reuse and transfer of technology

Article 16. Applicable licensing conditions.

1. The conditions for the licensing of applications and associated documentation, and other information objects for which public administrations are the holders of intellectual property rights and which they may put to provision of other public administrations and citizens, without consideration and without the need for a convention, will take into account that the aim pursued is the use and reuse, as well as the protection against their appropriation in exclusive of third parties, under such conditions as to exempt the transferor from liability for the possible misuse by the transferee, as well as the non-obligation to technical assistance or maintenance by the transferor, nor any compensation in the event of errors in the application.

2. Administrations will use for applications that declare as open sources those licenses that ensure that the programs, data, or information that is shared:

a) They can be run for any purpose.

b) Let your source code be known.

c) They can be modified or improved.

d) They may be redistributed to other users with or without changes as long as the derivative work maintains these same four warranties.

3. For this purpose the application of the European Union Public License shall be sought, without prejudice to other licences which guarantee the same rights as set out in paragraphs 1 and 2.

Article 17. Reusable application directories.

1. The General Administration of the State shall maintain the Directory of applications for free reuse that may be accessed through the Technology Transfer Center.

2. Public administrations shall link the directories of applications for free reuse referred to in Article 46 of Law 11/2007 of 22 June to each other; and with equivalent instruments of the European Union's scope.

3. Public administrations will have to take into account the solutions available for free reuse that can fully or partially satisfy the needs of new systems and services or the improvement and updating of existing ones. implanted.

4. Public administrations shall endeavour to publish the code of the applications, in development or completed, in the directory of applications for free reuse in order to promote the sharing, reuse and collaborate, for the benefit of better efficiency.

CHAPTER IX

Electronic signature and certificates

Article 18. Interoperability in the electronic signature and certificate policy.

1. The General Administration of the State shall define an electronic signature and certificate policy which shall serve as a general framework for interoperability for the authentication and mutual recognition of electronic signatures within its scope of action. However, such a policy may be used as a reference by other public administrations to define the policies of certificates and signatures to be recognised within their competence.

2. Public administrations shall approve and publish their electronic signature and certificate policy based on the technical standard laid down for this purpose, which may be combined with other particular policies. for a particular transaction in a particular context.

3. The public authorities receiving electronic documents signed will allow the validation of electronic signatures against the signature policy indicated in the signature of the electronic document, provided that the signature policy is found within those admitted by each public administration for mutual or multilateral recognition with other public administrations.

4. The common profiles of the fields of the certificates defined by the electronic signature and certificate policy will enable interoperability between user applications, so that both identification and electronic signature generated from these common profiles can be recognized by the applications of different public administrations without any technical, semantic or organizational constraints. These certificates will be those defined in Law 11/2007, of June 22, Law 59/2003, of December 19, of electronic signature and their normative developments.

5. The electronic signature and certificate policy referred to in the first paragraph of this Article shall establish the technical and operational characteristics of the list of trusted certification service providers which shall collect the recognised and interoperable certificates between public administrations and which are considered to be reliable for each individual level of assurance, both at national and European level. The list established by the General Administration of the State may be used as a reference by other public administrations to define their lists of trust services for implementation within their competence areas.

6. Electronic certificate and electronic signature user applications:

(a) They shall comply with the electronic signature and certificate policy applicable in their field in relation to the various aspects referred to and in particular with the application of the mandatory and optional data, creation and validation of electronic signature, the algorithms to use and applicable minimum key lengths.

b) Allow mechanisms for accreditation and representation of citizens in the field of electronic identification and signature, as provided for in the relevant regulations.

Article 19. Aspects of interoperability relating to certification service providers.

1. In accordance with the provisions of Royal Decree 1671/2009 of 6 November 2009, which partially develops Law 11/2007 of 22 June on the obligations of providers of certification services, in relation to interoperability, such providers shall comply with the following paragraphs.

2. In relation to organisational interoperability, certification service providers shall have the following, as described in their Declaration of Certification Practices:

a) Establishment of the uses of certificates issued in accordance with a given profile and its possible limits of use.

b) Practices in generating the certificates that subsequently allow the application of an unambiguous discovery and extraction mechanism of the identity data of the certificate.

c) Definition of the information of the certificates or related to them that will be published by the provider, duly cataloged.

d) Defining the possible states in which a certificate can be found throughout its lifecycle.

e) The defined and characterized service agreement levels for date and time stamp and validation services.

3. In relation to semantic interoperability, certification service providers shall apply the following as described in their Declaration of Certification Practices:

a) The definition of the certificate profiles that will describe, by means of minima, the mandatory and optional content of the different types of certificates they issue, as well as the information about the syntax and semantics of such content.

b) Establishment of the fields whose unique information will allow their use in identification tasks.

4. In relation to technical interoperability, certification service providers shall apply the following as described in their Declaration of Certification Practices:

a) Standards for certification and certification practices and practices, electronic certificate generation, certificate status, secure signature creation devices, driver programs, devices cryptography, programming interfaces, cryptographic cards, the preservation of documentation relating to certificates and services, the limits of certificates, as laid down in Article 11.

b) The incorporation, within the certificates, of information regarding Internet addresses where validation services are offered by the providers.

c) The mechanisms for publishing and depositing certificates and associated documentation admitted between public administrations.

Article 20. Electronic certificate and electronic signature validation platforms.

1. Electronic certificate and electronic signature validation platforms shall provide trusted services to the user or consumer applications of the certification and signature services, providing validation services of the certificates and signatures generated and accepted in various areas of public administrations.

2. Provide, in a single point of call, all the necessary organizational, semantic and technical trust and interoperability elements to integrate the various recognized certificates and signatures that can be found in the two domains different administrations.

3. Enhance technical harmonisation and the common use of electronic signature formats, standards and policies and certificates for electronic signatures between user applications and other interoperability elements related to the certificates, such as the analysis of the fields and the univocal extraction of the relevant information. In particular, the European standards of the European Standardisation Organisations in the field of Information and Communication Technologies applied to electronic signatures shall be taken into account.

4. They shall incorporate the trusted lists of the interoperable certificates between the different national and European public administrations in accordance with the relevant management operating scheme of the trusted list.

CHAPTER X

Recovery and preservation of the electronic document

Article 21. Conditions for the retrieval and preservation of documents.

1. Public administrations shall take the necessary organisational and technical measures in order to ensure interoperability in relation to the recovery and preservation of electronic documents throughout their life cycle. Such measures shall include:

(a) The definition of a policy for the management of documents in terms of processing, in accordance with the specific rules and procedures to be used in the training and management of documents and files.

(b) The inclusion in the files of an electronic index signed by the acting body or entity that ensures the integrity of the electronic file and allows for its recovery.

c) The unique and unambiguous identification of each document through appropriate conventions, which will enable it to be classified, retrieved and referred to easily.

d) The association of the mandatory and, where appropriate, complementary, minimum metadata associated with the electronic document, throughout its life cycle, and incorporation into the metadata scheme.

e) Classification, in accordance with a classification plan adapted to the functions, both general and specific, of each of the public administrations and of the related or dependent Public Law Entities those.

(f) The retention period of the documents, established by the qualifying commissions that correspond, in accordance with the legislation in force, to the administrative rules and legal obligations that result from application in each case.

g) Full and immediate access to documents through online consultation methods that allow the viewing of documents in full detail of their content, the thorough and relevant retrieval of documents, the online copy or download in the original formats and the paper printing of those documents that are necessary. The system shall allow the consultation throughout the retention period at least of the electronic signature, including, where appropriate, the time stamp, and the metadata associated with the document.

h) The adoption of measures to ensure the preservation of electronic documents throughout their life cycle, as provided for in Article 22, so that their recovery can be ensured in accordance with the deadline the minimum conservation status determined by the administrative rules and legal obligations, ensuring their long-term conservation, ensuring their probative value and their reliability as electronic evidence of the activities and procedures, as well as the transparency, the memory and the identification of the bodies of the administrations public law entities linked to or dependent on those who exercise jurisdiction over the document or file.

i) Horizontal coordination between the document management officer and the other file-related services.

(j) Transfer, where appropriate, of the files between the different electronic repositories for conservation purposes, in accordance with the provisions of the Archives legislation, in such a way as to ensure their conservation, and recovery in the medium and long term.

k) If the result of the documentary evaluation procedure so establishes, erasure of the information, or in his case, physical destruction of the supports, according to the legislation that results from application, leaving record of their removal.

l) The technological training of personnel responsible for the execution and control of document management, as well as their treatment and preservation in electronic archives or repositories.

m) The documentation of procedures to ensure interoperability in the medium and long term, as well as the identification, recovery, control and processing of electronic documents.

2. For the purposes of paragraph 1, public administrations shall create electronic, complementary and equivalent repositories in respect of their function to conventional archives, intended to cover the whole life cycle of the electronic documents.

Article 22. Security.

1. In order to ensure the preservation of electronic documents, the provisions of the National Security Scheme shall apply as regards the completion of the basic principles and the minimum security requirements through the implementation of the adequate security for the media and media in which the documents are stored, in accordance with the categorisation of the systems.

2. Where electronic documents contain personal data, the provisions of the Organic Law 15/1999 of 13 December, and implementing legislation, shall apply to them.

3. These measures shall be implemented in order to ensure the integrity, authenticity, confidentiality, availability, traceability, quality, protection, recovery and physical and logical preservation of electronic documents, their supports and means, and they shall carry out the risks to which they may be exposed and the time-limits during which the documents are to be kept.

4. The aspects relating to electronic signature in the preservation of the electronic document will be set out in the electronic signature and certificate policy, and through the use of longeva signature formats that preserve the preservation of the signatures. over time.

When your signature and certificates cannot guarantee the authenticity and evidence of electronic documents over time, they will be over you through their preservation and custody in the repositories and archives. electronic, as well as document management metadata and other related metadata, according to the characteristics that will be defined in the Document Management Policy.

Article 23. Document formats.

1. In order to ensure conservation, the document shall be kept in the format in which it has been prepared, sent or received, and preferably in a format corresponding to an open standard which preserves over time the integrity of the content of the document, the electronic signature and the accompanying metadata.

2. The choice of standardised and durable electronic document formats to ensure the independence of the data from their media shall be carried out in accordance with the provisions of Article 11.

3. Where there is a risk of obsolescence of the format or no longer than those permitted under this National Interoperability Scheme, standard procedures for the authentic copying of documents in exchange of format shall apply. tagged with information of the format used and, where applicable, of the migrations or conversions of formats.

Article 24. Digitizing documents on paper support.

1. The digitisation of paper-based documents by public administrations shall be carried out in accordance with the relevant technical standard for interoperability in relation to the following aspects:

a) Common standards of common use for the digitisation of paper and compression-technique documents used, as provided for in Article 11.

b) Resolution level.

c) A true and full image guarantee.

d) Mandatory and complementary minimum metadata, associated with the scanning process.

2. The management and conservation of the digitised electronic document will address the possible existence of the electronic document on other support.

CHAPTER XI

Compliance rules

Article 25. Sites and electronic records.

The interoperability of electronic venues and registers, as well as the electronic access of citizens to public services, will be governed by the National Interoperability Scheme.

Article 26. Service life cycle and systems.

Compliance with the National Interoperability Scheme shall be included in the life cycle of the services and systems, accompanied by the corresponding control procedures.

Article 27. Control mechanism.

Each Public Law Body or Entity will establish its control mechanisms to effectively ensure compliance with the National Interoperability Scheme.

Article 28. Compliance publication.

The public authorities ' bodies and entities governed by public law shall give publicity, in the relevant electronic venues, to the declarations of conformity and to other possible interoperability flags for which are creditors, obtained in respect of compliance with the National Interoperability Scheme.

CHAPTER XII

Upgrading

Article 29. Permanent update.

The National Interoperability Scheme should be kept up to date on a permanent basis. It will be developed and refined over time, in parallel with the progress of the Electronic Administration services, of technological evolution and as the infrastructures that support it will be consolidated.

Additional disposition first. Development of the National Interoperability Scheme.

1. The following technical standards for interoperability shall be developed which shall be enforced by public administrations:

a) Standards Catalog: Set a set of standards that meet the requirements of Article 11 in a structured manner and with an indication of the selection and lifecycle criteria applied.

b) Electronic document: will deal with mandatory minimum metadata, association of data and time stamp or signature metadata, as well as other associated complementary metadata; and document formats.

c) Scanning of documents: It will treat applicable formats and standards, quality levels, technical conditions, and metadata associated with the scanning process.

(d) Electronic file: shall deal with its structure and format, as well as the specifications of the referral and making services.

e) Electronic signature and certificate policy of the Administration: It shall, among other matters set out in its definition in Annex I, deal with those affecting interoperability including signature formats, algorithms to use and minimum key lengths, the rules of electronic signature creation and validation, the management of signature policies, the use of time stamp and temporal references, as well as the standardization of the representation of the electronic signature on screen and on paper for the citizen and in the relations between the General government.

f) Data intermediation protocols: will address the specifications of data intermediation protocols that facilitate the integration and reuse of services in public administrations and that will be applicable for providers and consumers of such services.

g) Relationship of data models that have the character of common in the Administration and those that relate to subjects subject to exchange of information with citizens and other administrations.

h) Electronic document management policy: will include guidelines for the allocation of responsibilities, both directives and professionals, and the definition of programmes, processes and controls for document management and administration of the electronic repositories, and the documentation thereof, to be developed by the public administrations and by the Public Law Entities linked or dependent on them.

i) Requirements for connection to the Spanish Public Administrations Network.

j) Authentic copying and conversion procedures between electronic documents, as well as from paper or other physical media to electronic formats.

k) Data Model for the exchange of seats between the Registry Entities: it will deal with functional and technical aspects for the exchange of register seats, error and exception management, management of annexes, technological requirements and format transformations.

2. The Ministry of the Presidency, on a proposal from the Sectoral Committee for Electronic Management provided for in Article 40 of Law 11/2007 of 22 June, shall adopt the technical standards for interoperability and publish them by means of a resolution of the Secretary of State for the Civil Service. For the drafting and maintenance of the technical standards for interoperability referred to in paragraph 1, the corresponding working groups shall be established in the collegiate bodies with competence in the field of electronic administration.

3. The following instruments shall be developed for interoperability:

(a) Inventory of administrative procedures and services provided: it shall contain information on the procedures and services, classified with an indication of the level of computerisation of the procedures and services, as well as information on the interfaces for the purpose of promoting interaction or in their case the integration of processes.

(b) the semantic interoperability centre of the Administration: shall publish the common and sectoral exchange data models, as well as those relating to common infrastructure and services, together with the definitions and associated encodings; provide repository functions, generation of formats for automated processing, collaboration, publication and dissemination of data models that facilitate semantic interoperability between administrations public and public; it will be linked to other instruments equivalent of the general government and the area of the European Union.

c) Directory of applications for free reuse: will contain the relationship of applications for free reuse, including, at least, the descriptive data relating to the name of the application, short description of its functionality, usage and features, license, main open standards applied, and development status.

Additional provision second. Training.

The staff of the public administrations will receive the necessary training to ensure the knowledge of this National Interoperability Scheme, to which end the responsible bodies will have the necessary to ensure that the training is an effective reality.

Additional provision third. National Information and Communication Technologies (ICT) Application Reference Centre based on open sources.

CENATIC, State Public Foundation, constituted by the Ministry of Industry, Tourism and Trade, through Red.es, will be able to promote software projects from open sources aimed at the best implementation of the interoperability referred to in this Royal Decree and, in order to promote reuse and facilitate interoperability, will be responsible for the setting up and dissemination of all applications that are declared from open sources by Public Administrations.

Additional provision fourth. National Institute of Communication Technologies.

INTECO, as a centre of excellence promoted by the Ministry of Industry, Tourism and Trade for the development of the knowledge society, will be able to develop innovation projects and research programs aimed at better implementation of the interoperability measures referred to in this Royal Decree.

First transient disposition. Adequacy of systems and services.

The existing systems at the entry into force of this royal decree will be in line with the National Interoperability Scheme in such a way as to enable compliance with the provisions of the third final provision of Law 11/2007, June 22, electronic access of citizens to public services. The new systems will apply what has been established in this royal decree since its conception.

If, within 12 months of the entry into force of the National Interoperability Scheme, there are circumstances that prevent the full application of the requirements of the National Interoperability Scheme, an adequacy plan will be available to mark the deadlines of the which in no case shall be more than 48 months after the entry into force.

The plan referred to in the preceding paragraph shall be prepared in good time and approved by the competent higher bodies.

Second transient disposition. Use of currently supported means of identification and authentication.

According to the provisions of Article 19 of Law 11/2007, of 22 June, and in the first transitional provision of Royal Decree 1671/2009 of 6 November 2009, a period of adaptation of 24 months is set The means of identification and electronic signature may continue to be used.

Single repeal provision.

Provisions of the same or lower rank which are contrary to the provisions of this Regulation shall be repealed.

Final disposition first. Enabling title.

This royal decree is dictated by the provisions of article 149.1.18. of the Constitution, which attributes to the State the competence on the basis of the legal regime of the Public Administrations.

Final disposition second. Regulatory development.

The holder of the Ministry of the Presidency is authorized to make the necessary provisions for the application and development of the provisions of this royal decree, without prejudice to the powers of the communities. autonomous development and implementation of the basic legislation of the State.

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on January 8, 2010.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ

ANNEX

Terms Glossary

Application: Program or set of programs whose object is the resolution of a problem by using computer science.

Open Source Application: That is distributed with a license that allows the freedom to run it, to know the source code, to modify it, or to improve it and to redistribute copies to other users.

Interoperability Chain: Expression of interoperability in the deployment of systems and services as a succession of linked and interconnected elements, dynamically, through interfaces and with projection to the technical, semantic, and organizational dimensions.

Life cycle of an electronic document: Set of stages or periods by which the document lives, from its identification in a document management system, to its selection for permanent conservation, in accordance with the legislation on Application Archives in each case, or for regulatory destruction.

Cost that does not imply a difficulty in accessing: Price of the standard that, because it is linked to the cost of distribution and not to its value, does not prevent its possession or use.

Data: A representation of facts, concepts, or instructions in a formalized manner, and suitable for communication, interpretation, or processing by automatic or human means.

Digitalization: The technological process that makes it possible to convert a document to paper or other non-electronic support into one or more electronic files that contain the encoded, faithful and integral image of the document.

Electronic document: Information of any nature in electronic form, archived in an electronic medium according to a particular format and susceptible of identification and differentiated treatment.

Technical Specification: A specification in a document defining the required characteristics of a product, such as quality levels, specific use, security or dimensions, including the requirements applicable to the product as regards the sales denomination, terminology, symbols, testing and testing methods, packaging, marking and labelling, as well as conformity assessment procedures.

Formalised specification: Those specifications which either are standards within the meaning of Directive 98/34 or come from industry consortia or other standardisation fora.

Metadata Schema: An instrument that defines the incorporation and management of the content, context, and structure metadata of electronic documents over their lifecycle.

Standard: See Standard.

Open Standard: The one that meets the following conditions:

a) That it is public and its use is available free of charge or at a cost that does not create an access difficulty,

b) That their use and application is not conditional upon the payment of an intellectual or industrial property right.

Family: The grouping of administrative procedures is understood to be based on generic criteria of similarity for processing scheme, input and output documentation and information, leaving aside criteria of similarity in the subject matter of the procedure, competent body, or other similar information.

Electronic signature: Data set in electronic form, consigned with or associated with others, which may be used as a means of identification of the signatory.

Format: Rule set (algorithm) that defines the correct way to exchange or store data in memory.

Generic tools: Reference, shared, collaboration, or common components and programs, and similar reusable modules that meet common needs across administrative areas.

Electronic image: Result of applying a scanning process to a document.

Electronic Index: Relation of electronic documents of an electronic file, signed by the Administration, body or entity acting, as appropriate and intended to ensure the integrity of the electronic file and allow your recovery whenever necessary.

Infrastructure and common services: Operational instruments that facilitate the development and deployment of new services, as well as the interoperability of existing ones, creating multi-stakeholder relationship scenarios common needs in the various administrative areas; examples are the Spanish Public Administrations Network, the trans-European network sTESTA, the electronic certificate verification platform.

Interoperability: Capacity of information systems, and therefore of the procedures to which they support, to share data and to enable the exchange of information and knowledge between them.

Organizational Interoperability: This dimension of interoperability is related to the ability of entities and processes through which they carry out their activities to collaborate with the objective of achieving mutually agreed achievements relating to the services they provide.

Semantic Interoperability: This is the interoperability dimension that the information exchanged can be interpreted automatically and reusable by applications that did not intervene in their creation.

Technical interoperability: This dimension of interoperability relating to the relationship between systems and information technology services, including aspects such as interfaces, interconnection, integration data and services, the presentation of information, accessibility and security, or others of a similar nature.

Interoperability in time: This dimension of interoperability relating to the interaction between elements corresponding to different technological waves; is manifested especially in the conservation of information in electronic support.

European Union Public License ("European Union Public Licence-EUPL") : License officially adopted by the European Commission in the 22 official Community languages to strengthen legal interoperability through a collective framework for the pooling of public sector applications.

Trusted Services List (TSL): Public access list that collects accurate and up-to-date information from those certification and electronic signature services that are considered fit for use within a framework of interoperability of Spanish and European public administrations.

Timestamp: The electronic media assignment of the date and, if applicable, the time to an electronic document.

Electronic means: Mechanism, installation, equipment or system that allows to produce, store or transmit documents, data and information; including any open or restricted communication networks such as Internet, telephony fixed and mobile or other.

Metadata: Data that defines and describes other data. There are different types of metadata depending on your application.

Document Management Metadata: Structured or semi-structured information that makes it possible to create, manage, and use documents over time in the context of their creation. Document management metadata is used to identify, authenticate, and contextualize documents, and in the same way to people, processes, and systems that create, manage, maintain, and use.

Data Model: Set of definitions (conceptual model), interrelationships (logical model), and rules and conventions (physical model) that allow data to be described for exchange.

Resolution level: Spatial resolution of the image obtained as a result of a scanning process.

Interoperability Node: A body providing technical, organizational and legal interconnection services between information systems for a set of Public Administrations under the conditions that they set.

Standard: A technical specification approved by a recognized standardization body for repeated or continuous application that is not mandatory and is included in one of the following categories:

(a) international standard: a standard adopted by an international standardisation organisation and made available to the public,

(b) European standard: a standard adopted by a European standardisation body and made available to the public,

(c) national standard: a standard adopted by a national standardisation body and made available to the public.

Electronic Signature Policy: Set of security, organizational, technical, and legal standards to determine how electronic signatures are generated, verified, and managed, including the characteristics required of them signature certificates.

Electronic document management policy: Guidelines or guidelines that define an organization for the creation and management of authentic, reliable and available documents over time, in accordance with functions and activities that are your own. The policy is approved at the highest level within the organization, and assigns responsibilities for the coordination, implementation, monitoring, and management of the document treatment program through its lifecycle.

Administrative Procedure: A legally regulated formal process for the decision-making by public administrations to ensure the legality, effectiveness, efficiency, quality, rights and interests present, ends with a resolution in which an administrative act is collected; this legally regulated formal process is implemented in practice through an operational process that matches to a greater or lesser extent with the formal one.

Operating process: Organized set of activities that are performed to produce a product or service; has a delimited beginning and end, involves resources, and results in a result.

Electronic Repository: Centralized file where electronic data and documents are stored and managed, and their metadata.

Time stamp: The electronic media assignment of a date and time to an electronic document with the intervention of a certification service provider to ensure the accuracy and integrity of the time stamp of the document.

Time Stamp: Accreditation by a trusted third party of the date and time of any operation or transaction by electronic means.

Interoperability Service: Any mechanism that allows public administrations to share data and exchange information through the use of information technologies.

Support: An object on which to write and retrieve data.

Processing: Each of the states and measures to be taken in a business until its conclusion.

Widespread use by citizens: Used by almost all natural persons, legal persons and entities without personality who are related to or are likely to relate to Spanish public administrations.