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Royal Decree 1671 / 2009, Dated November 6, Which Is Partially Developed Law 11/2007, Of 22 June, Electronic Access Of Citizens To Public Services.

Original Language Title: Real Decreto 1671/2009, de 6 de noviembre, por el que se desarrolla parcialmente la Ley 11/2007, de 22 de junio, de acceso electrónico de los ciudadanos a los servicios públicos.

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TEXT

Law 11/2007, of June 22, of electronic access of citizens to public services, marks a momentous milestone in the construction of the public administration of the information society in Spain. Although supported by the experience acquired with the application of Law 30/1992, of 26 November, of a legal regime of public administrations and of the common administrative procedure, in which Articles 38, 45, 46 and 59, mainly, offered a general reference legal framework for the systematic incorporation of information and communications technologies into administrative functions, as well as the progress made in the enactment of Law 58/2003 of 17 December 2003, General Tax, when collecting for the first time the automation of the performance In the case of documents with the same validity and effectiveness as the original document, the fact is that Law 11/2007, of 22 June, overflows the role of the development or consolidation solution of the previous document. to mean a real rethink of the relationship between the administration and the citizens.

Law 11/2007, of June 22, promotes a new conception by building its regulation on the basis of the citizens ' right to use electronic means of communication to engage with the Administration and to exercise its rights. This unique starting point which puts the citizen and his rights on the basis of everything, not only means the imposition of a legal commitment to incorporate information technologies into the full administrative functions. It also implies the consideration of the citizen as a bearer of benefit rights that the Administration must satisfy effectively. For this reason, the law established a cast of rights specifically related to electronic communication with the Administration and with its status as a citizen: the right to obtain electronic identification means, the right to choose channel of communication or of the means of authentication and equality guaranteeing accessibility, as well as effective equality between genders and other groups with special needs and between territories.

This ambitious strategy has been taken up with a big decision. The third final provision of Law 11/2007 of 22 June 2009 sets the date of 31 December 2009, as a limit for citizens to be able to fully exercise their rights by electronic means in any proceedings and activities of competence of such Administration.

The compliance with the legal objectives established by Law 11/2007 of 22 June, and the time limits for their effectiveness, justify the need for the development of their forecasts, in so far as:

(a) Law 11/2007, of 22 June, did not exhaust the regulation of electronic access to public services as a result of the criteria for the distribution of competences and their impact on the competences of self-organization corresponds to the rest of the public administrations.

(b) On the other hand, by virtue of its transversal nature, this regulation presupposes operations to adapt to the different procedures and activities. Compliance with this need can only be achieved through the provision of a regulatory system characterised by the concurrence of different regulatory levels and the collaboration between them in order to compose a general, objective, stable and Predictable compatibility with functional adaptation and the state of technological development in this field.

This royal decree is intended to be that necessary complement to the General Administration of the State to facilitate the effective realization of the rights recognized in Law 11/2007, of June 22.

This royal decree has been built on the basis of the following strategic principles:

(a) First of all, seek the fullest realization of the rights recognized in Law 11/2007 of 22 June, providing them to the extent permitted by the state of the art, and the guarantee that other rights are not affected Constitutionally protected goods, such as data protection, access rights to administrative information or the preservation of third-party interests.

b) Secondly, establish a framework as flexible as possible in the implementation of the media, taking care of the levels of security and protection of rights and interests provided for in Law 11/2007 itself, of 22 of June, as in the administrative legislation in general. The aim is to achieve a threefold objective: firstly, to prevent the new regulation from imposing such a renewal on solutions for communication with the public, which would prevent the survival of existing and large-scale techniques; secondly, to facilitate the implementation and adaptation to the various organizations, functions and procedures to which the royal decree applies; and thirdly, to prevent the rigid option for certain solutions from making it difficult for the future the incorporation of new solutions and services.

However, the achievement of these objectives requires two other technical and complementary instruments: the National Interoperability Scheme, which is responsible for establishing the common criteria for the management of the information to enable the sharing of solutions and information, and the National Security Scheme, which must establish the necessary criteria and levels of security for the processing processes of the information provided by the actual decree itself.

Faithful to this orientation, the royal decree incorporates in its frontispiece a specific regulation aimed at making the right not to incorporate documents that are in the hands of the public administrations effective, establishing the rules necessary to obtain the required data and documents, with sufficient guarantees to prevent this facility from becoming, in practice, a reason for delay in the resolution of the administrative procedures.

To these effects, the form and effects of the exercise of the right by the citizens are regulated, the various assumptions that can be given in terms of obtaining the data or documents are contemplated, deadlines are set required to meet those requirements, as well as the duty to report on the delay in its compliance so that the person concerned can fill in the lack of activity of the requested body or entity, without prejudice to the responsibilities which, where appropriate, proceed.

A key element in legal communication with citizens in electronic support is the concept of electronic headquarters. At this point the royal decree seeks to reinforce the reliability of these meeting points by means of three types of measures: 1) to ensure the full identification and differentiation of these addresses as a point of delivery of communication services with (2) to establish a set of characteristic services as well as the extent of their effectiveness and responsibility; and (3) to impose a common system of creation in such a way as to avoid disorientation which the citizen could mean excessive dispersion of such directions. This system of the seat, which must be compatible with the necessary decentralization resulting from the current complexity of the aims and activities assumed by the Administration, is, however, compatible with the creation of a common access point to the entire Administration, the general entrance of the citizen to the Administration, in which he may present his general electronic communications or find the information necessary to attend the electronic venues in which to start or participate in the procedures to be processed in electronic support, require the access to particular applications or forms.

In terms of identification and authentication, the royal decree has sought to establish the minimum elements necessary to strengthen the flexibility criterion in Law 11/2007, of 22 June, in which the admission as a universal means of the identification and electronic signature devices associated with the national identity document, the use of other means of authentication that comply with the conditions of security and certainty is supported necessary for the normal development of the administrative function.

A specific regime has also been envisaged which facilitates action on behalf of third parties through two fundamental mechanisms: on the one hand, the figure of general and special ratings, mainly designed for the continued and professional performance of management and representation activities to the services of the Administration, as well as a voluntary registration of representatives, also intended to facilitate the exercise of the function of representation, establishing an online accreditation mechanism of the title previously contributed to that record.

The royal decree also specifies the provisions contained in the law, in terms of the possibility that public officials authorized for this purpose can make certain operations by electronic means using their own identification and authentication systems in cases where citizens do not have their own means.

The legal relevance of the administrative activity has demanded to pay particular attention to the use of the means of identification and electronic authentication by the Administration, establishing the need for incorporation of stamps or timestamps, which demonstrate the date of adoption of the acts and documents issued. Special attention has also been given to authentication within the framework of automated action.

Finally, forecasts are incorporated to ensure the interoperability and effectiveness of the law system, including an express recognition of the signature policies that will be the instruments (a) to specify the technical and organisational solutions necessary for the full operation of the rights recognised in the law, a national certificate verification system which is designed to simplify and speed up the operations of checking the validity of the certificates.

In the field of electronic records, the provisions of the law have been developed with the important novelty of the creation of a common electronic register that will enable citizens to present their communications. electronic for any procedure and bodies of those integrated into the General Administration of the State and its dependent or linked public bodies.

This same line of indispensable development of the provisions of the law has been followed in relation to electronic communications and notifications, establishing the necessary guarantees for the facilities included in the Law 11/2007, of June 22, does not become a disadvantage for the interests of the citizens as well as the general interest.

Finally, one of the essential points of the law's discipline is the regulation of the management of electronic information provided by private individuals, providing for the minimum conditions for their use not to affect the development of administrative functions. It is particularly innovative to provide for the provision of a management and change of support scheme in order to facilitate the management of files by the option of the body responsible for processing the type of support in which the the procedure must be processed. Likewise, the royal decree is aware of the importance of integrating, from the very incorporation of documents, that information that allows for its management, archiving and recovery. In addition, the royal decree, in regulating the processes of destruction of paper documents that are the object of electronic copying, establishes a reinforced system of guarantees with particular attention to the preservation of documents with value history.

This royal decree is dictated by the express rating of the Government contained in the final provision seventh of Law 11/2007, of June 22, and has been informed by the Spanish Data Protection Agency, the Superior Board of Electronic Management and the Consumers and Users Council.

In its virtue, on the proposal of the Ministers of the Presidency and of the Economy and Finance and of the Minister of Industry, Tourism and Trade, in agreement with the Council of State and after deliberation of the Council of Ministers, at its meeting on November 6, 2009,

DISPONGO:

TITLE I

General provisions

Article 1. Object and scope of application.

1. This royal decree aims to develop Law 11/2007, of June 22, of electronic access of citizens to public services in the field of the General Administration of the State and related public bodies dependent on this, with regard to the transmission of data, electronic venues and the point of general access, identification and authentication, electronic records, communications and notifications and electronic documents and copies.

2. Its provisions are applicable:

(a) To the activity of the General Administration of the State, as well as to the public bodies linked to or dependent on it.

b) To citizens in their relations with the entities referred to in the preceding paragraph.

(c) The relationships between the bodies and bodies referred to in paragraph (a).

Article 2. Transmissions of data and documents, including certificates, between organs and agencies of the General Administration of the State on the occasion of the exercise recognized by Article 6.2.b) of Law 11/2007, of 22 June.

1. Where citizens exercise the right not to provide data and documents held by the Public Administrations as set out in Article 6.2.b) of Law 11/2007 of 22 June, before the administrative bodies falling within the scope of application of Article 1 (a) of this royal decree, the following rules shall be followed:

(a) The Administration shall provide those interested in administrative procedures with the exercise of the right, which may be effected by electronic means.

In any case, the parties concerned shall be expressly informed that the exercise of the right implies their consent, in the terms laid down in Article 6. 2b) of Law 11/2007, of 22 June, so that the body and body before which it is exercised may collect the data or documents in respect of which the right of the organs or bodies in which they are located is exercised.

The right will be exercised in a specific and individualized manner for each specific procedure, without the exercise of the right to an organ or body involving general consent to all the procedures that that procedure in relation to the person concerned.

(b) At any time, data subjects may provide the necessary data or documents or certificates, as well as revoke their consent for access to personal data.

(c) If the administrative body responsible for processing the procedure has, in any form of support, the necessary data, documents or certificates or has electronic access to it, it shall incorporate them into the corresponding administrative procedure without further processing. In any event, the files of the body or body giving access to the data or documents carried out by the transferee body or body shall be recorded.

(d) Where the administrative body responsible for processing the procedure does not have access to the necessary data, documents or certificates, it shall request them from the administrative body concerned. If it is an administrative body falling within the scope of Article 1 (1) (a), it shall, by electronic means, give the data, documents and certificates necessary for the maximum period laid down by the specific rules, which may not exceed 10 days. Such a maximum period shall also apply if it is not laid down in the specific rules.

e) If the data, documents or certificates required by the administrative body responsible for processing the procedure are not obtained, the person concerned shall be informed of the reason or cause, so that the contribution within the time limit and with the effects provided for in the regulatory rules of the relevant procedure. In this case, the person concerned may make a complaint in accordance with the provisions of Royal Decree 951/2005 of 29 July 2005 establishing the general framework for the improvement of quality in the General Administration of the State.

(f) The bodies or bodies to which the right is exercised shall keep the evidence of the effective exercise of the right, incorporating it into the file in which it was exercised.

This documentation shall be made available to the transferring body and to the authorities to which the supervision and control of the legality of the disposals produced is appropriate.

2. The National Interoperability Scheme and the National Security Scheme shall set out the forecasts needed to facilitate the exercise of this right by citizens.

3. In order to comply with the requirement of Article 9 of Law 11/2007 of 22 June on the transmission of data between general government, for an effective exercise of the right recognised in Article 6.2.b), the General Administration of the State and its public bodies will promote the conclusion of agreements or agreements with the other public administrations to facilitate the exercise of this right by the citizens. Such agreements or conventions shall, in particular, provide for procedures to enable the authority or body to verify the effective exercise of the right in respect of the data or documents for which access would have been requested.

TITLE II

Electronic locations and general access point to the General Administration of the State

Article 3. Creation of the electronic headquarters.

1. The organs of the General Administration of the State and the public bodies linked to or dependent on it shall establish their electronic headquarters, in accordance with the requirements set out in this royal decree.

2. The electronic venues shall be created by order of the relevant Minister or resolution of the holder of the public body, to be published in the "Official State Gazette", with the following minimum content:

(a) Scope of the seat, which may be the whole of the Ministry or public body, or one or more of its organs with a rank, at least, of a general direction.

b) Identification of the reference electronic address of the site.

(c) Identification of its holder, as well as of the organ or bodies responsible for the management and services made available to the public in the same.

(d) Identification of the access channels to the services available at the site, with the expression, where appropriate, of the telephones and offices through which they may also be accessed.

e) Means available for formulation of suggestions and complaints.

(f) Any other circumstances deemed appropriate for the proper identification of the seat and its reliability.

3. It will also be possible to create shared venues by order of the Minister of the Presidency on a proposal from the Ministers concerned, when it affects several ministerial departments, or by means of a collaboration agreement when it affects public bodies or when regional or local authorities are involved, to be published in the "Official State Gazette". Collaboration agreements may also determine the incorporation of a body or body to a pre-existing site.

Article 4. Characteristics of the electronic venues.

1. All actions, procedures and services that require the authentication of Public Administration or citizens by electronic means shall be carried out through electronic venues.

2. One or more electronic venues derived from an electronic venue may be created. Derived electronic venues, or sub-systems, shall be accessible from the electronic address of the main venue, without prejudice to the possibility of direct electronic access.

Derived electronic venues must meet the same requirements as the main electronic venues, except as regards the publication of the order or resolution that is created, which will be made through the headquarters of The one that depends. Its scope shall include organ or organ with a range of at least a general sub-direction.

Article 5. Conditions for the identification of the electronic venues and the security of their communications.

1. The electronic addresses of the General Administration of the State and of the public bodies linked to or dependent on it which have the status of electronic venues shall be clearly and unambiguously stated.

2. The electronic seat shall be accessible to its instrument of creation, either directly or by link to its publication in the "Official State Gazette".

3. The conditions for the identification of the electronic headquarters and the security of their communications shall be governed by the provisions of the third title of this royal decree, and in Title VIII of the Implementing Regulation of Organic Law 15/1999, of 13 December, approved by Royal Decree 1720/2007, of 21 December.

4. Information systems that support electronic venues must ensure the confidentiality, availability and integrity of the information they handle. The National Interoperability Scheme and the National Security Scheme shall provide the necessary forecasts for this.

Article 6. Content and services of electronic venues.

1. Each electronic venue shall have the following minimum content:

(a) Identification of the seat, as well as of the holding body or bodies, and of the management and services responsible for the management and the services provided therein, and, where appropriate, of the derivatives thereof.

b) Information necessary for the correct use of the site including the map of the electronic headquarters or equivalent information, with specification of the navigation structure and the different sections available, as well as the related to intellectual property.

c) Electronic advice services to the user for proper use of the site.

d) System of verification of the certificates of the headquarters, which will be accessible directly and free.

e) Relationship of electronic signature systems that, as provided for in this royal decree, are admitted or used at the headquarters.

f) Rules for creating the register or accessible electronic records from the site.

g) Information related to the protection of personal data, including a link to the electronic headquarters of the Spanish Data Protection Agency.

2. The following services will be available to the public:

a) Relation of services available at the electronic headquarters.

b) Letter of services and letter of electronic services.

(c) Relationship of electronic means referred to in Article 27.4 of Law 11/2007 of 22 June.

d) Liaison for the formulation of suggestions and complaints to the bodies that are competent in each case.

e) Access, if any, to the case processing status.

f) Where appropriate, publication of the journals or newsletters.

g) Where appropriate, electronic publication of acts and communications to be published in bulletin boards or edicts, indicating the replacement or complementary nature of the electronic publication.

h) Verification of the electronic seals of the public bodies or bodies covering the seat.

i) Checking the authenticity and integrity of documents issued by public bodies or bodies that cover the premises that have been authenticated by secure verification code.

j) Indication of the official date and time for the purposes provided for in Article 26.1 of Law 11/2007 of 22 June.

3. The holding bodies responsible for the seat may also include in the same other services or contents, subject to the provisions of article 10 of Law 11/2007, of June 22, and in this royal decree.

4. The information and services referred to in the preceding paragraphs shall not be collected on the sub-systems where they are already included in the premises of which they are derived.

5. Electronic venues whose holder has jurisdiction over territories with a language co-officialdom regime shall enable access to their content and services in the relevant languages.

Article 7. Special rules of liability.

1. The establishment of an electronic seat shall bear the responsibility of the holder in respect of the integrity, veracity and updating of the information and the services to which it can be accessed. The holder of the electronic seat containing a link or link to another whose responsibility corresponds to a different organ or public administration shall not be responsible for the integrity, veracity or update of the latter.

The headquarters shall establish the means necessary for the citizen to know whether the information or service he/she accesses corresponds to the headquarters or an access point that does not have the host character or a third party.

2. The public bodies or bodies holding the shared electronic venues provided for in Article 3.3 of this royal decree shall, in any event, be responsible for their own content and jointly and severally for the common contents.

Article 8. Directory of electronic venues.

1. The Ministry of the Presidency shall manage a directory of electronic headquarters of the General Administration of the State and its public bodies, which shall be public and accessible from the point of general access referred to in Article 9 of this Regulation. royal decree.

2. The directory shall be published in the directory with the expression of its name, scope, holder and the electronic address thereof.

Article 9. General access point of the General Administration of the State.

1. The General Access Point of the General Administration of the State shall contain the electronic headquarters which, in this field, facilitates the access to the services, procedures and accessible information of the General Administration of the State and of the public bodies linked to or dependent on it. It may also provide access to services or information relating to other public administrations, through the conclusion of the relevant Conventions.

2. Access will be organised on the basis of different criteria that enable citizens to identify easily and intuitively the services they wish to access.

3. The General Access Point shall be managed by the Ministry of the Presidency, with the participation of all the Ministries and, where appropriate, of the public bodies endowed by the law of a special regime of independence, to guarantee the complete and exact incorporation of the information and accesses published in this.

4. The General Access Point may include additional services, as well as the distribution of information on electronic access to public services in such a way that it can be used by other ministerial departments, Administrations or by the private sector.

TITLE III

Identification and Authentication

CHAPTER I

Identification and authentication of citizens ' electronic access to the General Administration of the State and its related or dependent public bodies

Article 10. Electronic signature of citizens.

1. Natural persons may use to be electronically related to the General Administration of the State and related or dependent public bodies, electronic signature systems incorporated in the National Identity Document, in any case, and the approved advanced electronic signature systems referred to in Article 13.2.b) of Law 11/2007 of 22 June.

2. Legal persons and entities without legal personality may use electronic signature systems of legal persons or entities without legal personality for all those procedures and actions of the General Administration of the Status for which they are admitted.

3. In the case of non-admission, the electronic seat concerned shall provide alternative systems enabling legal persons and entities without legal personality to exercise their right to relate electronically to the General Administration of the State.

Article 11. Other electronic signature systems.

1. The admission of other electronic signature systems referred to in Article 13.2.c) of Law 11/2007, of 22 June, shall be approved by ministerial order or resolution of the holder in the case of public bodies, subject to prior report of the Superior Board of Electronic Administration.

2. When the system refers to the whole of the General Administration of the State, agreement will be required of the Council of Ministers on the proposal of the Ministries of the Presidency and of Industry, Tourism and Commerce, prior to the report of the Superior Council of Electronic Management.

3. The act of approval shall contain the name and general description of the identification system, body or public body responsible for its implementation and guarantees of its operation, and shall be published in the electronic venues of implementation, where the actions in which these means of identification and authentication are admissible shall be reported.

Article 12. Provisions common to the system of use of electronic signatures.

1. The use of the electronic signature does not preclude the obligation to include in the electronic document or communication the identification data that is necessary in accordance with the law applicable to it.

2. The use by citizens of electronic signature systems shall mean that the organs of the General Administration of the State or related or dependent public bodies may treat the personal data recorded for the purposes of the verification of the signature.

Article 13. Enabling for third-party representation.

1. In accordance with the provisions of Article 23 of Law 11/2007 of 22 June, the General Administration of the State and its related or dependent public bodies may, in general or in a specific manner, enable natural or legal persons to authorised for the electronic submission of documents on behalf of interested parties.

Enablement will result in the application of the regulated representation regime in the following article.

2. The authorisation shall require the prior signature of an agreement between the competent public authority and the corporation, association or institution concerned. The Convention shall specify at least the procedures and formalities to be used and the conditions and obligations applicable to the legal person or entity signatory to the Convention and to natural or legal persons. enabled.

In each case, the requirements and conditions for subscribing to the Conventions referred to in this paragraph shall be determined in each case by ministerial order of the Department. Such an order shall in any event ensure respect for the principles of objectivity, proportionality and non-discrimination in the definition of the conditions for enabling.

3. The Enablement Conventions shall have effect in relation to the undersigned corporation, association or institution, as well as to the persons, natural or legal, who have the status of members of the group, members or members. In order to make the rating effective, the latter must subscribe to an individual accession document that expressly includes the acceptance of their full content.

4. Failure to comply with the obligations assumed by the contracting authorities, associations or institutions of the convention shall entail its decision and that of the ratings based on it, subject to the instruction of the appropriate file, with a hearing of the entity concerned.

Non-compliance by a person who is a signatory to the individual document of accession shall be excluded from the agreement with the procedure and guarantees provided for in the preceding paragraph.

In both cases, it shall be without prejudice to the requirement of the responsibilities that are arising.

Article 14. Administration-enabled representation regime.

1. Persons or entities empowered for the electronic filing of documents on behalf of third parties shall have the necessary representation for each action, in accordance with the terms laid down in Article 32 of Law No 30/1992 of 26 May 1992. November, or in terms resulting from the application-specific regulations.

2. The Administration may at any time require the persons entitled to be accredited to the representation to be held, the one being valid through the standard documents approved by the Administration for each procedure.

The lack of sufficient representation of the persons on whose behalf the documentation would have been submitted will lead to the requirement of the responsibilities that were coming.

3. The authorisation only gives the authorised person the status of a representative to intervene in the acts expressly authorised. It does not authorize any communication from the Administration on behalf of the person concerned, even if they are the result of the document presented.

4. Enabled rendering allows only the submission of requests, writings, or communications in the electronic records corresponding to the scope of the enablement.

Article 15. Electronic registration of proxies to act electronically with the General Administration of the State and its dependent or linked public bodies.

1. For the exclusive purposes of electronic action before the General Administration of the State and its related or dependent public bodies and without a public record, the electronic recording of proxies is created in its field. It may include representations which the interested parties give to third parties to act on their behalf electronically to the General Administration of the State and/or its related or dependent public bodies.

2. The Ministry of the Presidency shall set up the necessary personal data files and manage such records, which shall be coordinated with any other existing similar scope of more limited scope in the General Administration of the State.

3. The registration of proxies will allow the Ministries and the public bodies linked or dependent of the General Administration of the State to subscribe to it, to check the representation of those who act electronically before them on behalf of third parties.

4. Each Ministerial Department and public body shall determine the procedures and actions of its competence for which the representation incorporated in the registration of proxies is valid. In addition, a case of understanding that there is a lack or inadequacy of the representation formally incorporated in the registration of proxies may require the person concerned to be under-healing in the terms of Article 32.4 of Law 30/1992, of 26 of November, or in terms resulting from the application-specific regulations.

5. For the purposes of its incorporation in the electronic register of proxies and other aspects related to its operation, through the order of the Minister of the Presidency, the regime of granting of the proxies, their forms of accreditation, scope and revocation of the powers, as well as the form and place of presentation of the evidence of power.

Article 16. Identification and authentication of citizens by public official.

1. To carry out the identification and authentication of citizens by public official as provided for in Article 22 of Law 11/2007 of 22 June, in the services and procedures for which it is established, and in which it is necessary to use electronic signature systems for which those are not required, the public official shall be required to be provided with an electronic signature system admitted by the public body or body to which it is addressed; action for which the identification or authentication is to be performed. The citizen, for his part, must identify himself to the official and give express consent, and must be kept on record for the cases of discrepancy or litigation.

2. The Ministry of the Presidency shall keep up to date a record of the officials authorized in the General Administration of the State and its public bodies for the identification and authentication regulated in this article. By means of the relevant collaboration agreement, it may extend its effects to relations with other public administrations.

3. By order of the Minister of the Presidency, the functioning of the register of authorised officials shall be regulated, including the system for the determination of the officials who may be empowered and the scope of the rating.

4. In addition, the Ministry of Public Affairs and Public Bodies will be able to enable public officials in them to identify and authenticate citizens to the Ministry of Public Affairs or the public body.

CHAPTER II

Identification and authentication of electronic venues and communications performed by the organs of the General Administration of the State or public bodies linked to or dependent on it

Article 17. Identification of electronic venues of the General Administration of the State and its related or dependent public bodies.

1. Electronic venues shall be identified by electronic signature systems based on certificates of secure or equivalent means. On an additional basis and for their immediate identification, citizens shall have the mandatory general information which must be included in the information in accordance with the provisions of this Royal Decree.

2. In order to facilitate their identification, the electronic venues shall follow the general provisions laid down for the institutional image of the General Administration of the State and its electronic address shall include the name of third-level domain ". gob.es".

Article 18. Certificates of electronic headquarters of the General Administration of the State and its related or dependent public bodies.

1. Electronic electronic seat certificates shall have at least the following contents:

a) Description of the type of certificate, with the name "electronic seat".

b) A descriptive name for the electronic headquarters.

c) The name of the domain name.

d) The tax identification number of the subscriber entity.

e) The certificate's subscribing administrative unit.

2. The use of electronic seat certificates is limited to the identification of the site, with its application for the electronic signature of documents and formalities excluded.

3. The National Security Scheme referred to in Article 42 of Law 11/2007 of 22 June shall determine the characteristics and requirements to be met by electronic signature systems, certificates and equivalent means which are establish in electronic venues for the identification and assurance of secure communication.

Article 19. Electronic signature systems by electronic seal.

1. The creation of electronic seals shall be carried out by means of a resolution of the Ministry's Secretariat or the holder of the competent public body, which shall be published in the appropriate electronic seat and in which it shall state:

(a) The body or body of the stamp which shall be responsible for its use, with an indication of its membership in the General Administration of the State or public body dependent on it.

b) General technical characteristics of the applicable signature and certificate system.

c) Validation service for certificate verification.

d) Actuations and procedures in which it may be used.

2. Electronic seal certificates shall have at least the following contents:

a) Description of the type of certificate, with the name "electronic seal".

b) The name of the subscriber.

c) Subscriber tax identification number.

3. The way to issue electronic electronic seal certificates will be defined in the National Security Scheme.

Article 20. Verification secure code systems.

1. The General Administration of the State and its related or dependent public bodies may use secure document verification systems in the development of automated actions. Such code shall bind the body or body and, where appropriate, the person who is a signatory to the document, allowing the integrity of the document to be checked by means of access to the electronic seat concerned.

2. The secure verification code system shall ensure, in any case:

a) The unique character of the generated code for each document.

b) Your linkage to the generated document and to the signer.

c) Also, the possibility of verifying the document should be ensured for the time that is established in the resolution authorizing the application of this procedure.

3. The application of this system shall require an order from the competent Minister or resolution of the holder of the public body, after a report by the Board of Directors of the Electronic Administration, which shall be published in the corresponding electronic seat. Such order or resolution of the holder of the public body, in addition to describing the operation of the system, shall contain unequivocally:

a) Automated actuations to which the system is applied.

b) Bodies responsible for the application of the system.

c) Provisions that result from application to action.

d) Indication of the mechanisms used for code generation.

e) Electronic site to which stakeholders can access to verify the content of the performance or document.

f) Deadline for the verification system to be available for documents authorized by this system.

4. The Administration responsible for the implementation of this system shall have a direct and free procedure for the persons concerned. Access to the original documents shall be carried out in accordance with the conditions and limits laid down in the legislation for the protection of personal data or other specific legislation, as well as the general information access regime. Article 37 of Law 30/1992, of 26 November.

5. The necessary measures shall be taken to ensure that the authentication and integrity of the documents are recorded after the expiry of the time limit for the availability of the verification system, for the purposes of their subsequent file.

6. In order to improve electronic interoperability and enable the verification of the authenticity of electronic documents without the need to access the electronic site for the purpose of cross-checking the secure verification code, it may overlap with this the signature by electronic seal regulated in the previous article.

Article 21. Electronic signature by means of personal authentication.

Staff at the service of the General Administration of the State and its related or dependent public bodies shall use the electronic signature systems to be determined in each case, including:

a) Signature based on the National Identity Document.

b) Signature based on public employee certificate at the service of the General Administration of the State expressly admitted for this purpose.

(c) Secure code of verification systems, in which case it shall apply, with the corresponding adaptations, as provided for in Article 20.

Article 22. Characteristics of electronic signature systems based on certificates provided to the staff of the General Administration of the State or its public bodies.

1. Electronic signature systems based on certificates specifically provided to their employees by the General Administration of the State or its related or dependent public bodies may only be used in the performance of the functions own the position they occupy or to engage with public administrations when they admit it.

2. The electronic signature provided for in this Article shall comply with the guarantees laid down in the applicable signature policies.

3. Certificates issued for signature shall be referred to as 'electronic certificate of public employee' and shall have at least the following content:

a) Description of the type of certificate to which the name "public employee electronic certificate" should be included.

b) Name and surname of the certificate holder.

(c) Number of the national identity card or foreign identification number of the certificate holder.

(d) Authority or public body in which the certificate holder provides services.

(e) The tax identification number of the public body or body in which the certificate holder provides its services.

CHAPTER III

Common provisions for identification and authentication and interoperability conditions

Article 23. Obligations of certification service providers.

1. The providers of certified certification services shall comply with the obligations of Law 59/2003 of 19 December of electronic signatures, as well as the additional general conditions referred to in paragraph 3.

2. Certification service providers shall provide the public validation platforms to be established in accordance with the provisions of this royal decree, electronic and free access for the verification of the validity of the certificates. associated with systems used by citizens, the General Administration of the State and its public bodies.

3. The additional general conditions referred to in Article 4.3 of Law 59/2003 of 19 December, will be approved by royal decree approved by the Council of Ministers on a joint proposal from the Ministries of the Presidency and Industry, Tourism and Trade, prior to the report of the Superior Council of Electronic Administration.

It is up to the Ministries of the Presidency and Industry, Tourism and Trade to publish the list of certified certification service providers and to monitor compliance with the additional general conditions. are set.

Article 24. Electronic signature and certificate policy.

1. The policy of electronic signatures and certificates in the field of the General Administration of the State and its public bodies is constituted by the guidelines and technical standards applicable to the use of certificates and electronic signatures. within its scope.

2. Without prejudice to Article 23, the electronic signature and certificate policy shall in any event contain:

(a) The requirements of electronic signatures submitted to the organs of the General Administration of the State and its public bodies.

b) The technical and operational specifications for the definition and provision of certification services associated with the new forms of identification and authentication of the General Administration of the State collected in the present royal decree.

c) The definition of your application scope.

3. The electronic signature and certificate policy will be approved by the Superior Council of Electronic Management. By means of a decision of the Secretary of State for the Civil Service, the agreement on the approval of the electronic signature policy and the certificates drawn up will be published in the "Official State Gazette" and in full at the seat of the Access Point. general of the General Administration of the State.

Article 25. Certificate verification platforms and national verification system.

1. The Ministry of the Presidency shall manage a platform for the verification of the status of revocation of certificates admitted in the field of the General Administration of the State and of public bodies which are or are linked to it. Article 21 (3) of Law 11/2007, of 22 June 2007, is hereby approved. This platform will make it possible to verify the status of revocation and the content of the certificates and will provide the service free and free to all public administrations, Spanish or European.

2. In the field of their competences, the ministerial departments and public bodies may have their own platforms for verifying the status of revocation of the certificates.

3. In order to improve the quality, robustness and availability of the verification services offered to all public administrations, the national certificate verification system composed of the Platform referred to in paragraph 1 shall be established. one and those other than, in compliance with the provisions of paragraph 4, adhere to it. Platforms attached to the national system may delegate specific verification operations to any of them. In particular, the operation by the Ministry of the Presidency will provide validation services for certificates from the European scope to the rest of the platforms.

4. Validation service platforms that are integrated into the national certificate verification system shall comply with the following requirements:

(a) They must be able to obtain and process automatically the lists of accepted certificates issued in accordance with this royal decree and shall comply with the particularities that are established in the signature policy and electronic certificates that are applicable.

b) They must be accessible and provide their services as a priority through the communications network of the Spanish Public Administrations, under the conditions of security and availability appropriate to the volume and the criticality of the services that use them, but can nevertheless count, as backup, with other paths.

c) You must have documentation and operational procedures for the service.

d) Ensure a level of service that ensures the availability of status information and certificate validation under conditions that are set out in the electronic signature and certificate policy.

e) They shall provide a declaration of validation practices detailing the obligations they undertake to comply with in relation to the verification services. The declaration shall be made available to the public by electronic means and free of charge.

f) You must enable the call and synchronization mechanisms and protocols that are required to create the national certificate verification system and access the universal validation services that the platform operated by the Ministry of the Presidency. They shall base their operation on the guidelines defined in the signature and electronic certificates policy in the field of the General Administration of the State.

g) Meet the requirements of the National Interoperability and Safety Schemes with respect to the general conditions to which the certificate validation platforms and services are to be submitted.

TITLE IV

Electronic records

Article 26. Electronic records.

All Ministry of State Departments of the General Administration of the State, as well as their public bodies, must have an electronic registration service, either own or provided by another body or body, for the receipt and referral of applications, written and communications relating to the procedures and actions of their competence.

Article 27. Creating electronic records.

1. The creation of electronic records shall be carried out by order of the Minister concerned or the decision of the holder of the public body, subject to the approval of the Minister of the Presidency, except for public bodies in which it is not prescriptive, in accordance with its specific rules of organization. Public bodies may use the electronic records of the ministerial department from which they are dependent, for which they shall subscribe to the relevant Convention.

2. Provisions that create electronic records shall contain at least:

a) Organ or unit responsible for management.

b) Official date and time and reference to the calendar of non-business days applicable.

(c) Identification of the competent body or bodies for the approval and modification of the relationship of standardised electronic documents, which are the area of competence of the register, and the identification of the formalities and procedures to which they relate.

d) Means of supporting documentation in addition to a communication, written or previously filed in the electronic register.

3. In no case will the condition of electronic registration be the corporate email mailboxes assigned to the public employees or to the various units and organs.

4. The electronic registration devices shall also not be taken into account, except for those expressly provided for in the legal order.

Article 28. Electronic records functions.

Electronic records will perform the following functions:

(a) The receipt and referral of requests, writing and communications relating to the procedures and procedures that correspond to their standard of creation, and of the accompanying documents, as well as the issuance of the receipts necessary to confirm the receipt in the terms provided for in Article 25 of Law 11/2007, of June 22.

b) The electronic remission of letters, applications and communications to the persons, organs or units addressed in the terms of this royal decree and of article 24.2.b) of Law 11/2007, of 22 June.

c) The annotation of the corresponding input and output seats.

d) Functions of constancy and certification in cases of litigation, discrepancies or doubts about the receipt or referral of requests, writing and communications.

Article 29. Requests, writings, and communications that may be rejected in electronic records.

1. Electronic records may reject the electronic documents submitted to them, in the following circumstances:

(a) In the case of documents addressed to bodies or bodies outside the scope of the General Administration of the State.

b) Containing malicious code or device capable of affecting system integrity or security.

(c) In the case of the use of standard documents, where the required fields are not completed as required in the resolution of approval of the relevant document, or where it contains inconsistencies or omissions which prevent your treatment.

(d) in the case of documents which are to be submitted in specific electronic records in accordance with Articles 14 and 32.

2. In the cases provided for in the preceding paragraph, the sender of the document shall be informed of the reasons for the rejection and, where possible, of the means of remedy for such deficiencies and address in which he may present. Where the person concerned so requests, justification shall be given for the attempt to make the submission, which shall include the circumstances of his refusal.

3. Where the circumstances provided for in paragraph 1 are met, the automatic rejection of the electronic register has not occurred, the competent administrative authority shall require the appropriate remedy, warning that, if it is not addressed, the requirement, the presentation shall lack validity or effectiveness.

Article 30. Receipt of requests, writing, and communications.

1. The submission of applications, writing and communications may be made in electronic records for 24 hours every day of the year.

2. The receipt of applications, letters and communications may be interrupted for the necessary time only when justified reasons for technical or operational maintenance are present. The interruption must be announced to potential users of the electronic register in advance, which, in each case, is possible.

In cases of unplanned interruption in the operation of the electronic register, and whenever possible, measures will be provided for the user to be informed of this circumstance as well as the effects of the suspension, with the express indication, where appropriate, of the extension of the time limits for imminent expiry. Alternatively, a redirection may be established that allows an electronic record to be used to replace the one in which the interruption occurred.

3. The electronic register shall automatically issue by the same means a receipt signed electronically, by one of the signature systems of Article 18 of Law 11/2007, of 22 June, with the following content:

a) A copy of the written, communication or application submitted, the literal reproduction of the data entered in the submission form being admissible for these purposes.

b) Presentation date and time and log entry number.

c) Where appropriate, enumeration and appellation of the documents attached to the filing form or document filed, followed by the electronic fingerprint of each of them.

(d) Information of the maximum time limit set for the resolution and notification of the procedure, as well as the effects of the administrative silence, where it is automatically determinable.

Article 31. Creation, nature and operation of the Common Electronic Register.

1. The Common Electronic Register of the General Administration of the State, accessible through the general access point set out in Article 9, is hereby established.

2. The Common Electronic Record shall be managed by the Ministry of the Presidency.

3. The Common Electronic Register shall enable the submission of any applications, written and communications addressed to the General Administration of the State and its public bodies.

4. The Common Electronic Record shall inform the citizen and redirect, where appropriate, the competent records for the receipt of those documents which have specific applications for their processing.

5. By order of the Minister of the Presidency the requirements and conditions of operation of the Common Electronic Registry will be established, including the creation of a file adjusted to the provisions of the regulations on data protection personal character as well as the other aspects referred to in Article 27.2.

TITLE V

Of communications and notifications

CHAPTER I

Electronic communications

Article 32. Enforcement of communication through electronic means.

1. The obligation to communicate by electronic means with the organs of the General Administration of the State or its related or dependent public bodies, in the cases provided for in Article 27.6 of Law 11/2007, of 22 June, may be established by ministerial order. This obligation may include, where appropriate, the practice of administrative notifications by electronic means, as well as the necessary use of the electronic records specified.

2. The rule laying down this obligation shall specify the communications to which it applies, the electronic means in question and the required subjects. This order shall be published in the Official Gazette of the State and in the electronic seat of the public body or body concerned.

3. If there is an obligation of communication through electronic means and no such means are used, the competent administrative body will require the corresponding remedy, warning that, if the requirement is not met, the lack of validity or effectiveness.

Article 33. Modification of the initially chosen media.

Except for the exceptions provided for in the previous article, citizens may modify the way to communicate with the public bodies or agencies linked to or dependent on the General Administration of the State, opting for a a means other than the initially chosen one, which shall begin to produce effects in respect of communications which occur from the day following its receipt in the register of the competent body.

Article 34. Communications between the organs of the General Administration of the State and its public bodies.

1. The organs of the General Administration of the State and its public bodies shall use electronic means to communicate with each other. Other means of communication may be used only on an exceptional basis where the use of electronic means is not possible for justified reasons of a technical nature.

2. The organs of the General Administration of the State and its public bodies shall use electronic means to communicate with other public administrations. However, other means of communication may be used in the light of the technical means available to them.

The Conventions necessary to ensure the conditions of such communication shall be entered into, except where those conditions are governed by specific rules.

CHAPTER II

Electronic Notifications

Article 35. Practice of notifications by electronic means.

1. The public bodies and bodies of the General Administration of the State shall enable electronic notification systems in accordance with the provisions of this Chapter.

2. The practice of notifications by electronic means may be carried out in any of the following ways:

a) By means of the electronic address enabled in the form regulated in article 38 of this royal decree.

b) By means of electronic mail systems with acknowledgement of receipt that leave the receipt on record in the form regulated in article 39 of this royal decree.

c) By electronic appearance at the headquarters in the form regulated in article 40 of this royal decree.

(d) Other means of electronic notification which may be established, provided that the person concerned is satisfied with the time limit and under the conditions laid down in his specific regulation.

Article 36. Choice of means of notification.

1. Notifications shall be made by electronic means where it has been requested or expressly consented to by the person concerned or when it has been established as compulsory in accordance with Articles 27.6 and 28.1 of Law 11/2007, of 22 June.

2. The request shall state the willingness to receive the notifications for any of the electronic forms recognised, and to indicate a valid electronic means of notification as set out in this royal decree.

3. Both the indication of the preference in the use of electronic means and consent may be issued and obtained, in any case, by electronic means.

4. Where the notification is required by electronic means, the person concerned may choose from the various available forms unless the rules establishing the mandatory electronic notification provide for a specific form.

5. Where, as a result of the use of different means, electronic or non-electronic, several notifications of the same administrative act are carried out, all legal effects arising from the notification shall be construed as including the beginning of the period for the interposition of the resources to be made, from the first of the duly implemented notifications. Public administrations may thus warn them of the content of the notification itself.

6. The practice of notification by electronic means shall be deemed to be a matter of consent in respect of a given administrative action where, having been carried out by one of the forms validly recognised, the person concerned shall carry out actions involving knowledge of the content and scope of the resolution or act which is the subject of the notification. The notification shall take effect from the date on which the person concerned takes such action.

In the case provided for in the preceding paragraph, the remainder of the decisions or acts of the procedure shall be notified by the means and in the manner appropriate in accordance with the provisions of Law 11/2007 of 22 June, and in the present royal decree.

Article 37. Modification of the means of notification.

1. During the processing of the procedure, the person concerned may require the body concerned that the successive notifications are not carried out by electronic means, using the other means permitted under Article 59 of Law No 30/1992 of 26 May 1992. in November, except in cases where the notification by electronic means is mandatory in accordance with the provisions of Articles 27.6 and 28.1 of Law 11/2007 of 22 June.

2. The request for amendment of the preferred means of notification shall indicate the means and place for the practice of subsequent notifications.

3. The change of medium for the purposes of the notifications shall be made effective for those notifications which are issued from the day following the receipt of the request for amendment to the register of the acting public body or body.

Article 38. Notification by making electronic document available through electronic address enabled.

1. Electronic notification systems shall be valid through electronic address enabled provided that they comply with at least the following requirements:

(a) Credit the date and time at which the person concerned is made available to the act to be notified.

b) To enable the permanent access of the data subjects to the corresponding electronic address, through an electronic headquarters or in any other way.

c) Credit the date and time of access to its content.

d) Poseer authentication mechanisms to ensure the uniqueness of their use and the identity of the user.

2. Under the responsibility of the Ministry of the Presidency, an electronic steering system shall be established for the practice of such notifications which shall be made available to all public bodies and bodies linked or dependent on the General administration of the State which do not establish own notification systems. Citizens may request the opening of this electronic address, which shall have an indefinite effect, except in cases where the holder's revocation is requested, due to the death of the natural person or the extinction of the personality. The Court of Justice has held that, in so far as it is not used for the practice of notifications, an administrative or judicial decision has been ordered or for the course of three years, in which this electronic address will be disabled, thereby communicating to the interested.

3. Where the practice of electronic notifications is established on a compulsory basis, the electronic address referred to in the preceding paragraph shall be assigned ex officio and may be in force for an indefinite period, in accordance with the arrangements the order of the Minister of the Presidency to which the final provision first relates. In respect of other electronic addresses, such arrangements shall be established by order of the holder of the relevant department.

Article 39. Notification by receipt in e-mail address.

It will be possible to agree on the practice of notifications in the e-mail addresses that citizens choose whenever it is automatically generated and regardless of the will of the recipient an acknowledgement of receipt record of its receipt and which originates at the time of access to the content of the notification.

Article 40. Notification by electronic appearance.

1. The notification by electronic appearance consists of the access by the person concerned, duly identified, to the content of the corresponding administrative action through the electronic headquarters of the acting public body or body.

2. For electronic appearance to produce the effects of notification in accordance with Article 28.5 of Law 11/2007 of 22 June, it will be required to meet the following conditions:

(a) Prior to the access to its content, the data subject shall display a notice of the nature of the administrative action which shall have such access.

b) The corresponding information system will record such access with timestamp.

TITLE VI

Electronic documents and their copies

CHAPTER I

Common rules on electronic documents

Article 41. Characteristics of the electronic document.

1. Electronic documents shall comply with the following requirements for their validity:

a) Contain information of any nature.

b) Be archived information on an electronic medium based on a particular format and capable of distinct identification and treatment.

(c) Dispose of the identification data that allow for their individualization, without prejudice to their possible incorporation into an electronic file.

2. Electronic administrative documents shall, in addition to the above conditions, be issued and signed electronically by means of the signature systems provided for in Articles 18 and 19 of Law 11/2007 of 22 June 2007, and comply with the validity requirements laid down in Law 30/1992 of 26 November.

Article 42. Adding metadata to electronic documents.

1. It is understood as metadata, for the purposes of this royal decree, any type of information in electronic form associated with electronic documents, of an instrumental character and independent of its content, intended for immediate knowledge and automatizable of any of its characteristics, in order to ensure the availability, access, conservation and interoperability of the document itself.

2. Electronic documents which may be integrated in an electronic file must have metadata associated with it in the context of the body or body, the function and the administrative procedure to which the corresponds.

In addition, the electronic documents will be associated with the information regarding the signature of the document as well as the temporal reference thereof, in the form regulated in this royal decree.

3. The association of metadata to electronic documents provided by citizens or issued by the General Administration of the State or its public bodies shall, in any case, be carried out by the acting body or body in the form that case is determined.

4. The mandatory minimum metadata associated with electronic documents, as well as the association of the signature or temporary reference data thereof, shall be specified in the National Interoperability Scheme.

5. Once the metadata is associated with an electronic document, they cannot be modified at any later stage of the administrative procedure, with the following exceptions:

a) When you observe the existence of errors or omissions in the metadata initially assigned.

(b) In the case of metadata that requires updating, if the National Interoperability Scheme so provides.

The modification of the metadata shall be carried out by the competent body in accordance with the specific organisation rules, or in an automated manner in accordance with the rules to be established for this purpose.

6. Irrespective of the mandatory minimum metadata referred to in paragraph 4, the various bodies or bodies may associate the electronic documents with metadata of a complementary nature, for the purposes of cataloging specific to their respective management scope, making their insertion in accordance with the specifications set out in this respect by the National Interoperability Scheme. The additional metadata shall not be subject to the modification prohibitions set out in the previous paragraph.

Article 43. Electronic copies of electronic documents made by the General Administration of the State and its public bodies.

1. Generated electronic copies which, as they are identical to the original electronic document, do not involve any change of format or content, shall have the legal effectiveness of the original electronic document.

2. In case of change of the original format, in order for an electronic copy of an electronic document to have the true copy condition, the following requirements must be met:

a) That the original electronic document, which must be retained in any case, is in the hands of the Administration.

b) That the copy be obtained in accordance with the rules of jurisdiction and procedure that are approved in each case, including automated procurement.

c) That includes its copy character among the associated metadata.

d) That is authorized by electronic signature according to the systems set out in Articles 18 and 19 of Law 11/2007, of June 22.

3. Genuine electronic copies may be generated from other authentic electronic copies provided that the requirements set out in the preceding paragraphs are complied with.

4. The issuing bodies of electronic administrative documents or receivers of electronic documents, or the files which they receive, are obliged to preserve the original documents, even if they have been their copying in accordance with the provisions of this Article, without prejudice to the provisions of Article 52.

5. It shall be considered as an authentic electronic copy of electronic documents submitted in accordance with standard systems or forms:

(a) The obtained as referred to in the preceding paragraphs of this Article.

(b) The electronic document, authenticated with the electronic signature of the recipient body or body, results from integrating the variable content signed and transmitted by the citizen into the corresponding form used in the presentation.

Article 44. Electronic copies of documents on non-electronic media.

1. Electronic copies of documents on paper or in other support capable of digitisation by the General Administration of the State and its related or dependent public bodies, be it documents issued by the State Public administration or documents provided by citizens shall be carried out in accordance with the provisions of this Article.

2. For the purposes of the regulation in this royal decree, it is defined as an "electronic image" the result of applying a process of digitalization to a paper on paper or other support that allows the faithful to obtain it.

It is understood by "digitalization" the technological process that allows to convert a document to paper or other non-electronic support in an electronic file that contains the encoded image, faithful and integral, of the document.

3. When made by the Administration, electronic images shall have the nature of authentic electronic copies, with the scope and effects provided for in Article 46 of Law No 30/1992 of 26 November, provided that the electronic images are Following requirements:

a) That the copied document is an original or an authentic copy.

(b) Electronic copying is authorised by electronic signature using the systems set out in Articles 18 and 19 of Law 11/2007 of 22 June.

c) That electronic images are coded according to one of the formats and with the levels of quality and technical conditions specified in the National Interoperability Scheme.

d) That the electronic copy includes its copy character among the associated metadata.

e) That the copy be obtained in accordance with the rules of jurisdiction and procedure that are approved in each case, including automated procurement.

4. The administrative body depository of the original administrative document shall not be required to intervene in order to obtain genuine electronic copies, where the electronic images are obtained from authentic copies on paper issued in compliance with the requirements of Article 46 of Law 30/1992 of 26 November.

Article 45. Paper copies of the electronic administrative documents made by the General Administration of the State and its related or dependent public bodies.

In order for copies to be issued in the paper of electronic public administrative documents to be considered authentic copies, the following requirements must be met:

a) That the electronic document copied is an original document or an authentic electronic copy of the electronic document or in support of the original paper, issued in accordance with the provisions of this royal decree.

b) Printing in the same document of an electronically generated code or other verification system, indicating that the same allows to contrast the authenticity of the copy by accessing the electronic files of the issuing public body or body.

(c) The copy is obtained in accordance with the rules of jurisdiction and procedure, which in each case are approved, including automated procurement.

Article 46. Destruction of documents in non-electronic support.

1. Original documents and authentic copies on paper or any other non-electronic media supported by the law as evidence, from which authentic electronic copies have been generated, may be destroyed in the terms and conditions which are determine in the corresponding Resolutions, if the following requirements are met:

(a) The destruction shall require a decision taken by the body responsible for the procedure or, where appropriate, by the body responsible for the custody of the documents, prior to the appropriate disposal dossier, in which the determine the specific nature of the documents liable to be destroyed, the administrative procedures concerned, the conditions and guarantees of the destruction process, and the specification of the persons or bodies responsible for the destruction; process.

Resolutions that approve the destruction processes regulated in Article 30.4 of Law 11/2007, of June 22, will require prior reporting by the respective Administrative Document Qualifier Commission Favourable opinion of the High Commission for the Qualifier of Administrative Documents, without, as a whole, this report could be more than three months. Once this time limit has been exceeded without the express delivery of both bodies, the disposal dossier may be resolved and destruction shall be carried out.

(b) Other than documents with historical, artistic or other relevant value that advise their preservation and protection, or in which signatures or other handwritten or mechanical expressions which confer on the document are listed a special value.

2. An analysis of the risks related to the destruction in question shall be included in the disposal dossier, with an explicit reference to the guarantees for the preservation of electronic copies and the fulfilment of the conditions of security which, in relation to the preservation and archiving of electronic documents, establishes the National Security Scheme.

3. The destruction of any document other than those provided for in the preceding paragraphs shall be governed by the provisions of Royal Decree 1164/2002 of 8 November 2002 governing the conservation of the documentary heritage with value historical, control of the disposal of other documents of the General Administration of the State and its public bodies and the preservation of administrative documents in support other than the original.

CHAPTER II

Specific rules regarding electronic administrative documents

Article 47. Temporary reference of electronic administrative documents.

1. The General Administration of the State and its dependent or related public bodies shall associate the electronic administrative documents, in the terms of Article 29.2 of Law 11/2007, of 22 June, one of the following temporary reference, in accordance with the determination of the regulatory standards of the respective procedures:

(a) "Time Mark" means the date and, where applicable, the time of an electronic document. The time stamp shall be used in all cases where regulatory standards do not establish the use of a time stamp.

(b) "Time stamp", meaning the electronic means 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 the time stamp of the document.

Information regarding time stamps and stamps will be associated with electronic documents in the manner determined by the National Interoperability Scheme.

2. The relationship of providers of electronic certification services providing time stamp services in the General Administration of the State, in accordance with the provisions of Article 29.3 of Law 11/2007, of June 22, as well as the requirements to be met for such admission, shall be regulated by means of the royal decree referred to in Article 23.3.

CHAPTER III

Specific rules regarding electronic documents contributed by citizens

Article 48. Electronic images contributed by citizens.

1. In accordance with Article 35.2 of Law 11/2007 of 22 June, interested parties may submit to the file, at any stage of the procedure, digitised copies of the documents, the fidelity of which they shall ensure by means of the use of advanced electronic signature. The Public Administration may request the corresponding file of the content of the copies provided. Given the impossibility of this collation and exceptionally, it may require the particular display of the document or the original information. The contribution of such copies implies authorization to the Administration to access and address the personal information contained in such documents. The above mentioned electronic images will lack the true copy character.

2. Electronic images submitted by citizens must conform to the approved formats and standards for such processes in the National Interoperability Scheme. In the event of non-compliance with this requirement, the person concerned shall be required for the remedy of the defect, as provided for in Article 71 of Law 30/1992 of 26 November.

3. The documentary presentation by the interested parties at any of the places of presentation laid down in Article 2.1.a (b) and (d) of Royal Decree 772/1999 of 7 May 1999 may be accompanied by media containing electronic documents. with the effects set out in Article 35.2 of Law 11/2007, of 22 June.

4. It shall apply to requests for the collation of the copies provided, as provided for in Article 35.2 of Law 11/2007, of 22 June, established in relation to the transmission of data in Article 2 of this royal decree.

CHAPTER IV

Rules regarding obtaining electronic copies by citizens

Article 49. Obtaining electronic copies of electronic documents.

Citizens may exercise the right to obtain electronic copies of electronic documents that are part of procedures in which they have an interest in accordance with the provisions of the regulatory regulations of the respective procedure.

The obtention of the copy may be carried out by means of extracts from the documents or other electronic methods may be used to maintain the confidentiality of those data which do not affect the data subject.

Article 50. Obtaining electronic copies for the purpose of clicking.

When interested parties wish to exercise the right of law in Article 8.1 of Royal Decree 772/1999 of 7 May 1999 on the contribution of certified copies to the procedure, and provided that the originals do not have to act in the procedure, the receiving office, if it has the necessary means, must proceed to obtain electronic copies of the documents to be used by means of the procedure laid down in Article 44 of this royal decree, provided that one of the places of presentation referred to in Article 2.1.a (b) and (d) of that royal decree.

These digitised copies shall be electronically signed by means of the procedures provided for in Articles 18 and 19 of Law 11/2007 of 22 June, and shall have the character of a certified or collated copy provided for in Article 8 of Royal Decree 772/1999 of 7 May 1999, without any evidence of the authenticity of the original document, without the application of the verification procedure provided for in Article 35.2 of that law.

CHAPTER V

Document electronic file

Article 51. Electronic document file.

1. The General Administration of the State and its related or dependent public bodies shall keep in electronic form all electronic documents used in administrative proceedings, which form part of a file administrative, as well as those others that have a probative value of the relations between the citizens and the Administration.

2. The preservation of electronic documents may be carried out either in a unitary manner or by the inclusion of their information in databases provided that, in the latter case, the criteria for the reconstruction of the forms are electronic source models of the documents as well as for the verification of the electronic signature of such data.

Article 52. Preservation of electronic documents.

1. The minimum retention periods for electronic documents shall be determined by each administrative body in accordance with the administrative procedure in question, in any case of application, with the exception of the the destruction of electronically copied paper documents, the general rules on the preservation of documentary heritage with historical value and on the disposal of documents from the General Administration of the State and its public bodies.

2. In order to preserve the preservation, access and legibility of archived electronic documents, conversion operations may be carried out in accordance with the rules on copying of such documents contained in this royal decree.

3. Those responsible for the electronic files shall promote the authentic copy in exchange of format of the documents and files of the file as soon as the format of the files is no longer included among those admitted in the public administration by the National Interoperability Scheme.

CHAPTER VI

Electronic case

Article 53. Training of the electronic file.

1. The training of electronic files is the responsibility of the body which has the rules of specific organisation and, in the absence of regulatory provision, of the person responsible for processing them.

2. Electronic files to be submitted or made available shall be made in accordance with the following rules:

(a) The electronic files shall have a code allowing their identification to be identified by any organ of the Administration in an interadministrative exchange environment.

(b) The foliate of the electronic files shall be carried out by means of an electronic index, electronically signed by means of the systems provided for in Articles 18 and 19 of Law 11/2007 of 22 June, and in the terms of the Article 32.2 of that law.

(c) In order to ensure the interoperability of the dossiers, both their structure and format and the specifications of the services for referral and making available shall be subject to the provisions laid down in this Regulation. National Interoperability Scheme.

(d) Electronic files shall be integrated by electronic documents, which may form part of different files, and may also include other electronic files if required by the procedure. Exceptionally, where the nature or extent of certain documents to be incorporated into the file does not permit or significantly hinder their inclusion in the file in accordance with the established standards and procedures, they shall be incorporated into the Index of the file without prejudice to its separate contribution.

e) The documents that are integrated in the electronic file shall be in accordance with the format or long-term formats, accessible in terms of the National Interoperability Scheme.

Additional disposition first. Special procedures.

1. The provisions of this royal decree are without prejudice to the special regulation contained in Law 30/2007, of October 30, of Contracts of the Public Sector and its norms of development in relation to the profile of the contractor, Platform of State procurement and use of electronic means in procedures related to public procurement.

2. The application of the provisions of this royal decree on the electronic management of procedures in the field of taxation, social security and unemployment and the legal status of foreigners in Spain, will be carried out in accordance with the provisions of the in the fifth, sixth, seventh and 19th additional provisions of Law 30/1992 of 26 November.

3. The provisions of this royal decree will be applied in an additional way to the special scheme provided for in Royal Decree 1496/2003 of 28 November 2003 approving the Regulation governing the obligations of invoicing and amending the Value Added Tax Regulation and in Order EHA/962/2007 of 10 April, for which certain provisions on telematic invoicing and electronic storage of invoices are developed contained in the aforementioned royal decree. This special legal regime shall apply to any electronic copies of invoices to be sent to the bodies and bodies of the General Administration of the State.

4. The provisions of this royal decree are without prejudice to the regulation contained in the royal decrees 181/2008 of 8 February of the official journal "Official Gazette of the State" and 1979/2008 of 28 November 2008. the electronic edition of the "Official Gazette of the Commercial Register".

Additional provision second. Statistical function.

The provisions of Article 2 shall not apply to the collection of data provided for in Chapter II of Law 12/1989, of 9 May, of the Public Statistical Function.

Additional provision third. Directory of electronic venues.

Within 6 months from the entry into force of this royal decree, the Ministry of the Presidency shall publish the Directory of electronic venues referred to in Article 8 in its electronic headquarters.

Additional provision fourth. Preservation of the identification of electronic addresses.

Without prejudice to the general provisions of Article 17.2, the existing electronic addresses of public bodies which enjoy a high level of public knowledge may be maintained with the same electronic identification.

Additional provision fifth. Certificate verification platform of the National Mint and Timbre-Royal Mint.

In accordance with the powers granted to the National Mint and Timbre-Real Casa de la Moneda Article 81 of Law 66/1997, of December 30, of Fiscal, Administrative and Social Order Measures in relation to the additional provision, fourth of Law 59/2003 of 19 December, of electronic signature, the certificate verification platform developed by this entity shall be integrated into the national system for the verification of regulated certificates in the Article 25.3 of this royal decree, complying with the provisions of Article 25.4.

The Ministry of the Presidency and the National Mint and Timbre-Real Casa de la Moneda will adopt the measures to achieve the permanent and perfect operational coordination and technical coherence of both the verification, in order to ensure their interoperability and to ensure the best service to the administrations and citizens.

Additional provision sixth. Absence of budgetary impact.

The application of the forecasts contained in this royal decree should not result in an increase in public spending or a decrease in public revenues. The ministerial departments concerned should therefore develop the measures resulting from their compliance with their normal budgetary resources, not in any case giving rise to any additional needs. of funding.

First transient disposition. Electronic signature systems.

1. As long as the National Interoperability and Safety Schemes are not approved, the currently supported means of identification and authentication may continue to be used. Such schemes shall set the time limits for the approval of the relations of means admitted and the maximum time limits for the use of means which have been used do not comply with the requirements of those arrangements.

2. In particular, it may continue to be used for the uses provided for in this royal decree and with the same legal effects as the electronic seal, the electronic signature of a legal person or the holder of the administrative body with a view to provided in the relevant regulations.

Second transient disposition. Security conditions for the verification platforms.

As long as the National Interoperability and Security Schemes are not approved, existing and operational verification systems and services will continue to be valid for the entry into force of this royal decree. Certificates linked to such systems or services may be used in the procedures expressly provided for by them.

Transitional provision third. Electronic reporting system regulated in Article 38.2.

As long as the regulation of the electronic notification system as referred to in Article 38.2 does not apply, in accordance with the first provision, the function provided for in the notification system shall be carried out by means of the services authorised, in accordance with Order PRE 1551/2003 of 10 June, for the development of the final provision of Royal Decree No 209/2003 of 21 February 2003 regulating the records and the telematic notifications, how the use of telematic means to replace the contribution of certificates for citizens.

Transitional disposition fourth. Adaptation of electronic venues.

As long as the National Interoperability and Security Schemes are not approved, the creation of venues must be accompanied by a report showing compliance with the conditions of confidentiality, availability and the integrity of the information and communications carried out through them.

Transient disposition fifth. Adaptation in the General Administration of the State Abroad.

The application of the provisions of this royal decree to the General Administration of the State in the Foreign Affairs will be carried out according to the means of identification and authentication of citizens, electronic channels and conditions of operation that is available at any time.

Single repeal provision. Regulatory repeal.

The provisions of equal or lower rank that oppose the provisions of this royal decree are repealed, and especially:

(a) Royal Decree 263/1996 of 16 February, regulating the use of electronic, computer and telematic techniques by the General Administration of the State.

(b) Articles 14 to 18 of Royal Decree 772/1999 of 7 May 1999 regulating the submission of applications, letters and communications to the General Administration of the State, the issue of copies of documents and return of originals and the regime of the registry offices.

Final disposition first. Electronic reporting system regulated in Article 38.2.

By order of the Minister of the Presidency, the system of the electronic steering system provided for in Article 38.2 shall be established, which shall comply with the provisions of the system.

Final disposition second. General access point.

Within 3 months of the entry into force of this royal decree, the Minister of the Presidency will dictate the necessary provisions for the establishment of the general access point of the General Administration of the regulated State. in Article 9.

Final disposition third. Electronic records.

The telematic records existing at the entry into force of Law 11/2007, of 22 June, affected by paragraph 2 of the single transitional provision of that law, will adjust its operation to the established in this real a decree within six months of its entry into force.

The adaptation to the provisions of this royal decree will be carried out by ministerial order or, where appropriate, the resolution of the holder of the corresponding public body, for which the fulfillment of the provisions of the Article 27.

Final disposition fourth. Electronic venues.

The electronic access points belonging to the General Administration of the State or its dependent or related public bodies in which communications with third parties, own electronic headquarters, are currently developed, must be adapted within four months from the date of entry into force of this royal decree, to the provisions of the royal decree for the seats or, where appropriate, sub-sites, electronic, without prejudice to the provisions laid down in the transitional provisions First and second of this royal decree and in the final provision tercera.2 of Law 11/2007, June 22.

Final disposition fifth. Enablement for regulatory development.

The Ministers of the Presidency, Economy and Finance and Industry, Tourism and Commerce are empowered to dictate the provisions necessary for the development of this royal decree, in the field of their respective competencies.

Final disposition sixth. 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 November 6, 2009.

JOHN CARLOS R.

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

MARIA TERESA FERNANDEZ DE LA VEGA SANZ