Order Ess/1355/2015, Of 25 June, Which Creates The Ministerial Committee On Digital Administration Of The Ministry Of Employment And Social Security And Regulates Its Composition And Functions.

Original Language Title: Orden ESS/1355/2015, de 25 de junio, por la que se crea la Comisión Ministerial de Administración Digital del Ministerio de Empleo y Seguridad Social y se regula su composición y funciones.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-7627

He Real Decree 806 / 2014, of 19 of September, on organization e instruments operating of them technologies of the information and them communications in it Administration General of the State and its organisms public, has created them commissions Ministerial of Administration Digital as organs collegiate, «responsible of boost it transformation digital of it administration according to a strategy common in the field of them technologies of the information and them communications». In this way, the role of the previous amending Ministerial e-government commissions, created by Royal Decree 589/2005 of 20 may, whereby the collegiate bodies responsible for the electronic administration is restructured and in compliance with which was issued the order TIN/3155/2011, on 8 November, which were regulated the composition and functions of the Ministerial Commission of eGovernment of the then named Ministry of labour and immigration , that has been existing until the moment.

It available transient second of the own Royal Decree 806 / 2014, of 19 of September, provides the regulation of them commissions Ministerial of Administration Digital through them corresponding orders Ministerial.

Therefore, in accordance with the provisions of the aforementioned transitional provision second, in order to strengthen the role of impulse of the digital transformation, which since its founding has been playing the Ministerial Committee on electronic administration of the Ministry of employment and Social Security, and in accordance with article 40.2 of the law 6/1997, of 14 April Organization and functioning of the General Administration of the State, through the present ministerial order proceeds to the creation of the Ministerial Committee on Digital administration of the Ministry of employment and Social Security and to regulate its composition and functions.

By virtue, with the prior approval of the Minister of finance and public administration, have: article 1. Nature, character and allegiance.

1. the Ministerial Committee of Digital administration of the Ministry of employment and Social Security, whose creation, composition and functions are regulated in the present order, is the College responsible for impulse and internal coordination in the field of Digital Administration and information technology, acting also as liaison and cooperation of the Department with the direction of information technologies and communications (in later DTIC).

2. the Ministerial Committee on Digital Administration is ascribed to the Undersecretary of the Department and its scope will encompass all the organs of the Ministry, autonomous bodies, management institutions and common services of the Security Social attached to it, in accordance with the provisions of article 7.1 of Royal Decree 806/2014, on September 19. Support for the Committee will be facilitated by the General Subdirectorate of information technologies and communications of the Secretariat.

Article 2. Functions.

1. the Ministerial Committee on Digital Administration will perform functions that referred to in article 7 of Royal Decree 806/2014, on September 19, on organisation and operational instruments of the information technologies and communications in the General Administration of the State and its public agencies, and few attributed him with the existing rules.

(2. functions: to) develop the Plan of action departmental, starting from them proposals of them different organs upper and managers, agencies autonomous and of the Council General of Administration electronic of the Security Social, in its field, and of it indicated in the plan strategic approved by the Council of Ministers. Said Plan will be high, through its President, to the DTIC, to the Commission of strategy of technologies of the information develop the corresponding report prescriptive, intended in the article 14.2 of the Real Decree 806 / 2014 of 19 of September.

(b) boost, run and monitor the establishment of lines strategic and criteria technical common in technologies of the information and administration digital, in accordance with them guidelines fixed by the DTIC and the Commission of strategy ICT, for reach it standardization technological, the exchange of data and the compatibility of them systems. The Commission will coordinate the position of the representatives of the Ministry of employment and Social Security in the commissions and inter-ministerial working groups of digital management and information technologies.

(c) analyze the functional needs of bodies, units and affiliated agencies and evaluate ICT solutions proposed, in order to seek the improvement of efficiency in management, re-use of solutions already developed in the Public Sector and make an estimate of the human and material resources that the ICT developments may be required. Explore solutions for the sharing of infrastructure and common services, both in the field of the AGE and of the Department, without prejudice to the competences that correspond to the DTIC, pursuant to article 13.bis.2.c) the Royal Decree 256/2012, 27 January, which develops the basic organizational structure of the Ministry of finance and public administration added by Royal Decree 802/2014, on September 19. Propose criteria for the digitalization of services and procedures, organization, review of procedures and reduction of administrative burdens, without prejudice to the powers of the relevant specialized bodies. Track of the solutions implemented.

(d) to promote the adaptation to the rules that develop the national interoperability scheme. Promote the application of standards for the security of the information derived from the national security scheme, in coordination with the Security Committee regulated in the order TIN/3016/2011, on 28 October.

(e) encourage the re-use of the information of the public sector, according to provisions in the law 37/2007 of 16 November, developments and the criteria agreed upon by the Commission's ICT strategy, as well as to establish technical criteria for the application in the Department of law 19/2013, December 9, on transparency, access to public information and governance , without prejudice to the competences that correspond to the transparency information unit of the Department.

(f) analyze and present to the Commission of strategy ICT, through the DTIC, the proposals of the Ministry of employment and security Social of projects of interest priority.

(g) coordinate it collected, aggregation e incorporation of the information for the inventory of resources in technologies of the information and administration digital of the Department, in accordance with them guidelines of the DTIC and of the Commission of strategy ICT, as well as which is precise for the Observatory of the Administration electronic and transformation Digital.

(h) inform on them projects of provisions of character general of the Department, informing on them needs that could derive is of resources human and materials and them times of development, in its case, required, by sending them to the DTIC to its valuation, according to it planned in the article 7.4 of the Real Decree 806 / 2014, of 19 of September.

(i) inform the draft provisions published in the «official State Bulletin» relating to the creation, modification or deletion of electronic files of public ownership of the Department, pursuant to article 20 of the organic law 15/1999, of 13 December, of protection of data of a Personal nature and, in general, to coordinate the actions prescribed in the above-mentioned organic law and its subsequent regulations approved by Royal Decree 1720 / 2007 , 21 December. Maintain inventory of automated files owned by the Department, in coordination with the various bodies of the Ministry and agencies independent of the Department as well as of the General Council of Social security within its scope electronic administration and deal with the registration of the same in the Spanish Agency of data protection, as provided for in article 39 of the organic law 15/1999 , of 13 December, and their subsequent development in chapter IV of title IX of the regulation approved by Royal Decree 1720 / 2007, of 21 December.

(j) to promote and coordinate the implementation of recommendations and best practices in the acquisition and use of computer systems and communications, its methodologies, processes, architectures and standards, following the criteria established by the DTIC, the ICT strategy Committee and the Committee of direction of the information technologies and communications.

(k) carry out monitoring of budgetary and economic resources generally earmarked for goods and ICT services of organs, units and agencies of the Department, according to the guidelines, procedures and tools established by the DTIC.

(l) Act as a point of information for bodies, units and agencies the Department issues regulations, technological or other nature that may be useful in connection with the digital administration.

(m) know the memory and of them spreads of clauses administrative particular and prescriptions technical of them contracts that contain aspects technical of Administration digital and of technologies of the information and them communications and agree its remission to the DTIC, for his report, according to it established in the article 16.2 of the Real Decree 806 / 2014, of 19 of September.


(n) for them contracts whose amount not exceed the established for them contracts under in the text consolidated of it law of contracts of the Sector public, approved by the Real Decree legislative 3 / 2011, of 14 of November, it remission to the DTIC will be automatic, periodically is will inform to the Commission for the follow-up of them systems and the elaboration of them statistics. Likewise is will inform also periodically of them proposals of modification, resolution and extension of them contracts of supplies, services and maintenance in matter of technologies of the information and them communications, without prejudice of its remission to the DTIC for its report.

(or) when is of application, is issued reports according to it intended in the article 150 of the text consolidated of the law of contracts of the Sector public, approved by the Real Decree legislative 3 / 2011, of 14 of November and them articles 25 and following of the Real Decree 817 / 2009, of 8 mayo, by which is develops the same, in relation to them aspects relating to the valuation of them criteria of award not assessable by formula or that depend on of a judgment of value in the terms established in them sheets of clauses administrative particular. All this without prejudice to competences recruitment Board, the corresponding table or the contracting authority. The Ministerial Committee on Digital Administration may act as a Committee of experts, in the terms provided for in article 150.2 from the consolidated text of the law of contracts in the Public Sector, approved by Royal Legislative Decree 3/2011, from 14 November.

(p) raise for approval the annual report of activities of the Department of technologies of information and e-Government.

3. the Commission Ministerial of Administration Digital may collect of all them units of the Department, as well as of them organizations external to the same, in the field of its competition, few data and reports consider necessary for the compliance of their purposes.

4. the proceedings of the Ministerial Committee on Digital Administration will be carried out using electronic means. For this purpose, it shall establish or adapt the necessary technical infrastructure for its implementation.

Article 3. Organization and composition.

1. the Ministerial Committee on Digital Administration, the Undersecretary of the Department, and may act in plenary and in the Standing Committee.

2. the plenary of the Ministerial Committee will consist of the following members: President: the head of the Department of employment and Social Security.

First Vice President: the owner of the technical Cabinet of the Undersecretary of the Ministry of employment and Social Security.

Second Vice-President: the owner of the General Subdirectorate of information technologies and communications of the Secretariat.

Third Vice-President: the owner of the Social security information technology management.

Members: The head of the General Department of information technologies and communications of the public State employment service.

The head of the Subdirectorate-General for financial administration of the Ministry of employment and Social Security.

A representative of the advocacy of the State, attached to the Department, appointed by the holder.

A representative with job of level 30, the Cabinet of the Minister, appointed by the Director of the same.

A representative with job of level 30, the direction General of the labour inspection and Social Security appointed by the holder.

A representative, with since of work of level 30, of each an of the Secretaries of State, Secretariat General of immigration and emigration, organisms autonomous and entities of right public dependent or attached to the Ministry of employment and safety Social, designated by them holders of them themselves. In the case of it security Social, them proposed and initiatives of its field will be presented by the Manager of computer of it security Social.

Secretary: A official of the Subdirectorate General of technologies of the information and communications of the Undersecretary, named by the President to proposal of the holder of such Subdirectorate General, that will act with voice but without vote.

3. in case of absence of the President by vacant, disease or another cause legal, preside the sessions them Vice-Presidents, by its order. In absence of all them will preside over the Vocal according to the order that appears in the paragraph 2.

4. the full of the Commission will meet with character ordinary with a periodicity, at least quarterly, and with character extraordinary when the President it agreed.

5. them Affairs to include in the order of the day of the full of the Commission, must be referred to the Secretariat, together with the documentation corresponding, with the advance enough for previously can be analyzed by them members of the same.

6. as criterion general them sessions is held of form face-to-face, however, when the nature of the Affairs to treat it allow, may convene is meetings virtual extraordinary, of character not face-to-face, using media electronic as videoconferencing or tools office. In this last case, is understood approved them Affairs included in the order of the day of the meeting if, in the term established in the call, not is formulated observations or if them observations made are accepted, by unanimity, by them members of the Commission.

(7. correspond to the full of the Commission the following functions: to) know and, in his case, approve the memory of activities and others reports of the Commission permanent.

(b) approve the lines strategic of action and priorities of the Department for the following exercise in matter of technologies of the information and administration digital.

(c) agree it remission of the Plan of action of the Department for it transformation digital to it DTIC for its study and valuation and rear lifting to the Commission of strategy of technologies of the information and them communications, for the purposes of the report prescriptive that, in accordance with the article 14.2 of the Real Decree 806 / 2014, of 19 of September, should issue the Committee Executive with character prior to its approval.

(d) exercise directly, when it understands precise, any other competition of the Commission Ministerial.

Article 4. Commission permanent.

1. the Standing Committee, as the body delegate of the plenary, has powers which this delegated, except for the remission of the Action Plan of the Department for digital transformation to the DTIC and those plenary reserves expressly.

2. the Standing Committee shall be composed of the following members: Chairman: the first Vice-President of the Ministerial Commission.

First Vice President: the second Vice-President of the Ministerial Commission.

Second Vice-President: the third Vice-President of the Ministerial Commission.

Members: The head of the General Department of information technologies and communications of the public State employment service.

Holders of TIC units of the Department.

A representative from each Department Manager, appointed by the owners thereof. The proposals and initiatives of Social Security shall be submitted by the Social Security computer management.

Secretary: The Secretary of the Ministerial Committee, which will perform with voice but without vote.

3. the Commission permanent may be presided over by the President of the full of the Commission Ministerial, when to trial of this thus it advise the importance of them Affairs to treat in the order of the day.

4. the Commission permanent may name them advisors technical that deems accurate for the development of the works, which will have voice but not vote.

5. in case of absence of the President, will chair the Commission permanent the Vice President that corresponds, by his order.

6. may attend with character permanent to them same, with voice and without vote, others officials whose collaboration is consider of utility for the development of the works of the Commission, when so it agreed its President. For committed specific and with character not permanent, them vocal may attend to the meetings of the Commission permanent accompanied of officials expert in them materials that have of treat is, likewise with voice and without vote.

7 will act as Secretary to the Standing Committee an official of the General Subdirectorate of information technologies and communications, voice and no vote.

8. the Standing Committee will meet on a regular basis a monthly, except during the month of August, and extraordinary when the President agreed.

9. the Standing Committee shall inform the plenary of the treated topics and their processing status.

10. the Standing Committee may act through technical presentations and working groups.

11. as a general rule, meetings of the Standing Committee will be virtual meetings, on-line, using media such as videoconferencing or computer tools. In the latter case, the matters included in the agenda of the meeting shall be deemed approved if observations are not formulated in the period specified in the call, or if the comments are accepted, unanimously, by the members of the Standing Committee.

Article 5. Working groups.


1. for reasons of urgency or efficiency it Commission permanent may act through groups of work specific, permanent or not, designated in your breast. The creation of each working group agreement include schools, rules of operation, composition and temporal validity.

2. the working groups shall act under the higher direction of the President of the Permanent Commission.

Article 6. Calls.

Both the full as the Commission permanent is shall constitute validly, in first call, when is hallen present them people that occupy the Presidency and the Secretariat, or who les replace, in your case, and also, it half of its number of members total. In second call, is will continue to the same criterion that to the full, in which regard to Presidency and Secretariat, but will be enough the assistance of three vocal.

First additional provision. Modification of references.

All them references made to the Commission Ministerial of Administration electronic of the Ministry of employment and safety Social, is understand made to the Commission Ministerial of Administration Digital of the Ministry of employment and security Social and to his Commission permanent, respectively.

Provision additional second. Delegation of powers.

The Ministerial Committee of Digital administration of the Ministry of employment and Social Security, on the proposal of its President, may delegate to the technical Commission of the General Council of electronic Social Security Administration competences of the letters m, n) and or) of article 2(2) of this order, for the field of Social Security records and referred to contracts not subject to harmonised regulation. The management of computer of it security Social will inform to the following full of it Commission Ministerial of Administration Digital of the content of them records that has known and, in its case, agreed send to the DTIC, the Commission technical of the Council top of Administration electronic of it security Social.

Provision additional third. Applicable regulations.

Without prejudice to the characteristics provided for in this order, the Ministerial Committee on Digital Administration is governed by provisions in the field of organ collegiate in chapter II of title II of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

Fourth additional provision. Absence of increase in spending.

The creation of the Commission to is refers this order not will be increase of the expenditure, being attended with them media personal, technical and budget of the Undersecretary of employment and security Social and by them organs with representation in the same.

Sole repeal provision. Repeal legislation.

The order TIN/3155/2011, on 8 November, which regulates the composition and functions of the Ministerial Committee on electronic administration of the Ministry of labour and immigration, and the provisions of equal or lower rank in that oppose this order is repealed.

Available end first. Faculty of execution.

By the holder of the Undersecretary of the Department is shall take them measures and instructions that is deem necessary for the execution and the application of the present order.

Second final provision. Entry in force.

This order shall enter into force the day following its publication in the "Official Gazette".

Madrid, 25 of June of 2015.-the Minister of employment and safety Social, Fátima Báñez Garcia.