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Basic laws and regulations eGovernment

Laws and legal regulations undergirding the development of electronic administration in spain.

  • Is complemented by the page: Chronology of laws and regulations state

Electronic administrative procedure

Law 39 / 2015, 1 October, Common Administrative procedure of public administrations

02 October 2015

BOE: No. 236 of 02 / 10 / 2015

  • NOTE : This law 39 / 2015, 1 October, Common Administrative procedure of public administrations along with the Law 40 / 2015, 1 October, of Legal Regime of the public Sector (Opens in new window) are handled electronically that should be the usual performance of public administrations, in order to better serve the principles of effectiveness, efficiency, the cost savings, transparency obligations and guarantees of citizens.

  • The law 39 / 2015, 1 October refers to, inter alia, issues such as the rights of people in their relations with the AA.PP ; assistance in the use of electronic media; electronic records ; identification systems stakeholders in the procedure; the practice of the notifications via electronic means ; emission of documents by the AA.PP. ; the validity and effectiveness of the copies made by the AA.PP.; documents filed by stakeholders ; and the archive of documents .

  • Of special interest: Preamble, Preliminary title, title I, Chapter II, Title II, Chapter I, articles: Article 6. Electronic records of hijacking; Articles 31 and 32: computation of deadlines; articles 41, 42, 43: Notifications; article 53: rights of individual; Articles 66, 68: procedure to his request; article 70: Administrative File; article 83: Public information; Article 131: Advertising of standards; additional provision 4, transitional measure 4 and final disposal 2.

  • REPEAL legislation, including:

  • Law 11 / 2007 of 22 June (Opens in new window) , electronic access of citizens to public services. – Last update published in BOE of 04 / 09 / 2018 – in the drafting given by the art. 6 of the royal Decreto-ley 11 / 2018, 31 August (Opens in new window) , projections on the electronic registration hijacking, electronic register, registration of public employees authorized, general access point electronic administration and electronic unique file will have an impact on the day 2 October 2020.

  • Certain precepts of Royal Decree 1671 / 2009, 6 November (Opens in new window) that develops partially law 11 / 2007 of 22 June

  • Law 30 / 1992 of 26 November, (Opens in new window) Legal regime of public administrations and administrative procedure common – last update published in BOE of 04 / 09 / 2018 –

  • icon to download page See in PAe Laws 39 and 40 / 2015

  • Citizen
  • Electronic services
  • Identity and electronic signature
  • Accessibility
  • Interoperability
  • Common infrastructure and services
  • Laws 39 and 40

Law 40 / 2015, 1 October, of Legal Regime of the public Sector

02 October 2015

BOE: No. 236 of 02 / 10 / 2015

  • Administrative cooperation
  • Identity and electronic signature
  • Electronic services
  • Technology transfer centre
  • Interoperability
  • Security
  • Hiring
  • Laws 39 and 40

Law 11 / 2007, of 22 June, electronic access of citizens to public services

23 June 2007

BOE No. 150 of 23 / 06 / 2007

  • Electronic services
  • Common infrastructure and services
  • Interoperability
  • Accessibility
  • Open government
  • Security
  • Laws 39 and 40

Royal Decree 1671 / 2009, 6 November, that develops partially law 11 / 2007, of 22 June, electronic access of citizens to public services.

18 November 2009

BOE: No. 278 of 18 / 11 / 2009

  • Electronic services
  • Common infrastructure and services
  • Interoperability

Royal Decree 3 / 2010, of January 8th, that regulates the national security Scheme in the field of electronic administration

29 January 2010

[National security Scheme (NHIS)]
BOE: No. 25 of 29 / 01 / 2010

  • Electronic services
  • Security

Royal Decree 4 / 2010, of January 8th, that regulates the schema national of interoperability in the field of electronic administration

29 January 2010

[National Template of interoperability (ENI)]
BOE: No.. 25 29 / 01 / 2010

  • Electronic services
  • Interoperability

Technical standards for interoperability

The national Schema Interoperability (ENI): Royal Decree 4 / 2010, of January 8th, that regulates the schema national of interoperability in the field of electronic administration (Opens in new window) sets the number of technical standards for interoperability that are binding for the AA.PP. and who develop specifics for interoperability between AA.PP. and with citizens.

Catalog THER standards

31 October 2012

Resolution of 3 October 2012, of the secretariat of state of public administrations, which approves the Technical Standard of interoperability standards catalog .
No. 262 BOE 31 / 10 / 2012 (Section (III)

  • Interoperability

Electronic document THER

30 July 2011

Resolution of 19 July 2011, the secretariat of state for the public function, which approves the Technical Standard of interoperability of Electronic Document .
BOE: 30 / 07 / 2011 (Section (III)

  • Interoperability

THER document digitalisation

30 July 2011

Resolution of 19 July 2011, the secretariat of state for the public function, which approves the Interoperability Technical Standard document digitalisation .
BOE: 30 / 07 / 2011 (Section (III)

  • Interoperability

Electronic file THER

30 July 2011

Resolution of 19 July 2011, the secretariat of state for the public function, which approves the Technical Standard of interoperability of Electronic File .
BOE: 30 / 07 / 2011 (Section (III)

  • Interoperability

Policy THER signature and seal electronic and certificates of the administration

03 November 2016

Resolution of 27 October 2016 , the secretariat of state of public administrations, which approves the Interoperability Technical Standard policy Electronic signature and seal and certificates of the administration .
BOE: No. 266 of 03 / 11 / 2016 (Section (III)

  • Interoperability
  • Identity and electronic signature

THER brokerage protocols data

26 July 2012

Resolution of 28 June 2012, the secretariat of state of public administrations, which approves the Interoperability Technical Standard protocols data brokering .
BOE No. 178 of 26 / 07 / 2012 (Section (III)

  • Interoperability

THER of data models

26 July 2012

Resolution of 28 June 2012, the secretariat of state of public administrations, which approves the Technical Standard of interoperability of data models.
BOE No. 178 of 26 / 07 / 2012 (Section (III)

  • Interoperability

Policy THER electronic document management

26 July 2012

Resolution of 28 June 2012, the secretariat of state of public administrations, which approves the Technical Standard policy interoperability electronic document management . BOE-A-2012-10048 (Opens in new window)
Num BOE 178 of 26 / 07 / 2012 (Section (III)

  • Interoperability

THER of requirements of connection to the network communications Spanish AAPP

30 July 2011

Resolution of 19 July 2011, the secretariat of state for the public function, which approves the Technical Standard of interoperability of requirements of connection to the network of communications from the Spanish public administrations . (SARA Network).
BOE: 30 / 07 / 2011 (Section (III)

  • Interoperability

THER copied procedures authentic and conversion between electronic documents

30 July 2011

Resolution of 19 July 2011, the secretariat of state for the public function, which approves the Interoperability Technical Standard procedures and copied genuine conversion between electronic documents .
BOE: 30 / 07 / 2011 (Section (III)

  • Interoperability

Reuse THER information resources

04 March 2013

Resolution of 19 February 2013, the secretariat of state of public administrations, which approves the Interoperability Technical Standard resource reuse information .
No. 54 BOE 04 / 03 / 2013 (Section (III)

  • Interoperability
  • Open government

Organizational structure: bodies responsible for electronic administration

Royal Decree 769 / 2017, 28 July, [functions and structure of the General Secretariat of Digital Administration (SGAD)]

29 July 2017

Royal Decree 769 / 2017, 28 July, which develops the basic structure of the Ministry of Finance and Public Function and amending the royal decree 424 / 2016, 11 November, which establishes the basic structure of ministerial departments.
BOE: No. 80, 29 / 07 / 2017

  • NOTE : 14. General Secretariat of Digital Administration – the General secretariat of Digital Administration ( SGAD ) with the rank of Branch – is the governing body which is under the authority of the holder of the secretariat of state of public function, the direction, coordination and implementation of the competences attributed to the department in Public Administration digital, rationalization of information technologies and communication within the General administration of the state and its Government Agencies and the operation of the common Service of information and communication systems.

  • The General Secretariat of Digital Administration depend the following General Sections: a) The overall coordination Office units tick, (b) The General Office administration and Digital services to the citizen, (c) The General Office of exploitation, d) The General Office applications and General services. Also depends on the General secretariat each TIC Overall Investments.

  • icon to download page PAe: General Secretariat of Digital Administration (SGAD)

  • Electronic services
  • Common infrastructure and services
  • Administrative cooperation
  • Development of systems

Royal Decree 424 / 2016, 11 November, [basic organizational structure of the Ministry of Finance and Public Function and General Secretariat of Digital Administration (SGAD)]

12 November 2016

Royal Decree 424 / 2016, 11 November, (Opens in new window) establishing the basic structure of ministerial departments.
BOE: No. 274 of 12 / 11 / 2016

  • Article 4. Ministry of finance and Public function. (C) The secretariat of State of Public function, depend on the following Governing bodies: 1 General Secretariat of Digital Service, with the rank undersecretary . 2Nd. The General Direction of the Public function. (C The General direction of Public Governance. 2008 The Office of conflicts of interest, with the rank of General Direction.

  • Is removed: the direction of information technology and communications (DTIC)

  • Common infrastructure and services
  • Electronic services

Royal Decree 806 / 2014, 19 September, [organization and operational instruments of the TIC at the AGE]

26 September 2014

Royal Decree 806 / 2014, 19 September, on organization and operational instruments of information technologies and communications in the General administration of the state and its Public agencies.
BOE: No. 234 of 26 / 09 / 2014

  • Common infrastructure and services
  • Electronic services
  • Administrative cooperation

Royal Decree 802 / 2014, 19 September, [functions and structure of the direction of information technology and communications (DTIC)]

26 September 2014

Royal Decree 802 / 2014, 19 September, amending the royal decree 390 / 1998 of 13 March, which regulates the functions and organizational structure of the delegations of economics and finance; the royal decree 1887 / 2011, 30 December, which establishes the basic structure of ministerial departments; the royal decree 199 / 2012, 23 January, which develops the basic structure of the ministry of the presidency; the Royal Decree 256 / 2012, 27 January, which develops the basic structure of the ministry of finance and public administrations and royal decree 696 / 2013, 20 September, to modify the previous.
BOE: No. 234 of 26 / 09 / 2014

  • Common infrastructure and services
  • Electronic services

Identification, electronic signature and representation

Law 59 / 2003 of 19th December, of electronic signature

20 December 2003

Published in BOE: No. 304 20 / 12 / 2003

  • This law governs the electronic signature, their legal effectiveness and servicing of certification.

  • NOTE Adds the: paragraph 11 with effect from 2 October 2016, for the final disposal 2 Law 39 / 2015, 1 October, Common Administrative procedure of public administrations . Ref. BOE-A-2015-10565 (Opens in new window) : All identification systems and electronic signature under the law of Common Administrative Procedure of public administrations and in the law of Legal Regime of the public Sector will have full legal effects.

  • Identity and electronic signature

PRE / order 1838 / 2014, 8 October, [Platform Cl@ve]

09 October 2014

PRE / order 1838 / 2014, 8 October, which publishes the agreement of council of ministers of 19 September 2014, approves Cl@ve, the common platform of the public Sector Administrative State for the identification, authentication and e-signature through the use of concerted keys.
BOE: No. 245 of 09 / 10 / 2014

  • Identity and electronic signature
  • Electronic services
  • Security
  • Citizen

MINHAFP. Resolution SGAD, 14 July 2017, [conditions of use of electronic signature cryptographic not]

18 July 2017

Resolution of 14 July 2017, General Secretariat of Digital Administration (SGAD) , which sets the conditions of use of electronic signature cryptographic not , stakeholder relations with administrative bodies the General administration of the state and its public agencies.
BOE: núm.170, 18 July 2017

  • NOTE : Quote Regulation (HAT) 910 / 2014, 23 July, of the European Parliament and of the board of 23 July 2014 on electronic identification and services of confidence for electronic transactions in the internal market and repealing Directive 1999 / 93 / CE (Ref. DOUE-L-2014-81822 (Opens in new window) ).

  • Identity and electronic signature

Command HAP / 7 / 2014, 8 January, [registration of officials authorized to the identification of citizens]

15 January 2014

Command HAP / 7 / 2014, 8 January, which regulates the registration of officials enabled for identification and authentication of citizens in the area of the General administration of the state and its associated or subordinate public bodies.
BOE No. 13, 15 / 01 / 2014

  • Identity and electronic signature
  • Citizen

Command HAP / 1637 / 2012, 5 July, [electronic record of Hijacking]

25 July 2012

Command HAP / 1637 / 2012, 5 July, which regulates electronic registration of Hijacking.
BOE: No. 177 of 25 / 07 / 2012

  • In accordance with the article 6 the Law 39 / 2015, 1 October, (Opens in new window)

  • This register is regulated by the article 15 from R.D. 1671 / 2009 (Opens in new window) to make register and manage representations that stakeholders granted to third so that they can act on its behalf of electronic form before the General administration of the state and / or its associated or subordinate public bodies..

  • Repealing annexes I, II, III in Command HFP / 633 / 2017, 28 June (Opens in new window) , (BOE 04 / 07 / 2017) approving the registrable powers models in the electronic registration of Representatives of the AGE and electronic registration of representatives of local entities [..]

  • NOTE : See in CTT: Electronic registration Hijacking (REA) (Opens in new window)

  • Electronic services
  • Administrative cooperation
  • Laws 39 and 40
  • Identity and electronic signature

Command ESS / 486 / 2013, 26 March, [electronic record of representatives of Social security]

28 March 2013

Command ESS / 486 / 2013, March 26, by which creates and regulates electronic registration of representatives of Social security for the realization of procedures and performances by electronic means.
BOE núm.75, 28 / 03 / 2013

  • Electronic services
  • Identity and electronic signature

Command HFP / 633 / 2017, 28 June, [models of powers registrable electronic record of Hijacking]

04 July 2017

Command HFP / 633 / 2017, 28 June, which approves the models of powers registrable in electronic registration of Representatives of the General administration of the state and in the electronic registration of representatives of local entities and sets the valid signature systems to perform the hijacking apud record via electronic means.
BOE: núm.158, 04 / 07 / 2017

  • NOTE: In accordance with Article 6 of the Law 39 / 2015, 1 October (Opens in new window) , approved, with basic character, models of powers registrable, distinguishing if allow act before all administrations, before the General administration of the state or local entities. Finally, it includes a model of revocation of powers conferred.

  • Override annexes I, II, III of Command HAP / 1637 / 2012, 5 July (Opens in new window) which regulates electronic registration of Representatives (BOE 25 / 07 / 2017). This Command will enter into force on 2 January 2018.

  • See in CTT: Electronic registration Hijacking (REA)

  • Identity and electronic signature
  • Electronic services

MINHAP [publication of the agreement of approval of the policy of electronic signature and certificates of the General administration of the state]

13 December 2012

Resolution of 29 November 2012, the secretariat of state of Public Administrations, which publishes the agreement of approval of the policy of electronic signature and certificates of the General administration of the state and its publication was announced at the headquarters correspondiente.- BOE-A-2012-15066 (Opens in new window) BOE No. 299 of 13 / 12 / 2012 (Section (III)

  • Identity and electronic signature
  • Electronic services

Electronic notification

Command PRE / 878 / 2010, 5 April, which establishes the regime of e-mail system enabled under Article 38.2 of the royal decree 1671 / 2009, 6 November

12 April 2010

BOE: No. 88 of 12 / 04 / 2010

  • Citizen
  • Electronic services

Verification system of data

General access point (P) of the General administration of the state and General access point of the administration of justice

Command HAP / 1949 / 2014, 13 October, which regulates the access point General of the General administration of the state and created its headquarters electronics

27 October 2014

BOE: No. 260 of 27 / 10 / 2014

  • Citizen
  • Company
  • Electronic services
  • Open government
  • Common infrastructure and services

Command JUS / 1126 / 2015, 10 June, [General access point of the administration of justice]

16 June 2015

Command JUS / 1126 / 2015, 10 June, creating electronic judicial headquarters for the territorial area of justice ministry .
BOE: No.. 143 of 16 / 06 / 2015

  • NOTE : The e-mail of reference Electronic Judicial headquarters will be: https: / / sedejudicial.justicia.es (Opens in new window)
    It will be a headquarters and access to electronic judicial offices through the so-called General access point of the administration of justice .

  • Citizen
  • Company
  • Electronic services
  • Open government
  • Administrative cooperation

Electronic registration General AGE

Command HAP / 566 / 2013, April 8, which regulates the Common Electronic Registration

12 April 2013

BOE: No.. 88, 12 / 04 / 2013.

[Electronic Register ordinary AGE]

See in CTT:

  • Electronic services
  • Administrative cooperation
  • Laws 39 and 40

Institutional image

Digital communication guide for the General administration of the state

02 April 2013

Resolution of 21 March 2013, the secretariat of state of public administrations, which approves the Digital communication guide for the General administration of the State.

BOE: No. 79 02 / 04 / 2013 (Section (III) and correction in BOE No. 90 of 15 / 04 / 2013)

  • Accessibility
  • Citizen

Command TAP / 953 / 2011, 12 April, [promotional image of electronic administration]

09 April 2011

Command TAP / 953 / 2011, 12 April, which approves the new promotional image activities of electronic administration and establishes criteria for its use.
BOE No. 93 of 19 / 4 / 2011

  • NOTE: Adoption of promotional image of the activities of electronic administration, to build an image to identify of the citizen activities that the General administration of the state carried out in the field of electronic administration.
    Sets the symbol of the promotional image of electronic administration together with the manual will be available in the Portal of Institutional Image (the space Works portal (Opens in new window) accessible via the Sara network (Opens in new window) ).

  • Previous supersedes: Command APU / 959 / 2003 of 11 April (Opens in new window)

  • Accessibility
  • Citizen

Royal Decree 1465 / 1999 of 17 September, laying down criteria of institutional image and regulates the documentary production and the printed material of the General administration of the state.

25 September 1999

BOE: No. 230 of 25 / 09 / 1999

Regulates criteria which facilitate the identification by citizens of the elements that make up the General administration of the state, standardization and rationalization of the material used by management in its performance, the use of cooficial languages, publications, institutional advertising and other media.

  • Accessibility
  • Citizen

Electronic Invoice

Law 25 / 2013, 27 December, momentum electronic billing and creation of the recording of invoices in the public Sector

28 December 2013

BOE: No. 311 of 28 / 12 / 2013.

  • Electronic services
  • Administrative cooperation

Command HAP / 1074 / 2014, 24 June, [General Point of entry for Electronic Invoices of the AGE: FACe]

24 June 2014

Command HAP / 1074 / 2014, 24 June, regulating the technical and functional conditions must collect the General point of Entry electronic invoices.
BOE: No. 154 of 25 / 06 / 2014

  • Electronic services
  • Company
  • Administrative cooperation

Command HAP / 492 / 2014, 27 March, [RCF Recording of invoices]

29 March 2014

Command HAP / 492 / 2014, 27 March, regulating the functional and technical requirements of recording of invoices entities within the scope of the law 25 / 2013, 27 December, momentum electronic billing and creation of the recording of invoices in the public Sector.
BOE: No. 77 of 29 / 03 / 2014

  • Electronic services
  • Administrative cooperation

PRE / order 2794 / 2011, 5 October, [electronic invoice]

18 October 2011

PRE / order 2794 / 2011, 5 October, ministry of the presidency, which publishes the agreement of the council of ministers of 19 October 2011, which determines the framework of exercise of the state powers on electronic invoices, creates the Multilateral National Forum on electronic billing and drives the Central management Service of electronic invoicing within the General administration of the State.
BOE No. 251 of 18 / 10 / 2011 (Section (III)

  • Electronic services
  • Administrative cooperation
  • Company

Data protection

Act 3 / 2018, 5 December, of protection of personal data and guarantee of digital rights

06 December 2018

BOE: No. 294 of 06 / 12 / 2018

  • Security

Regulation (HAT) 2016 / 679, 27 April, [General Regulation of data protection (RGPD)]

04 May 2016

Regulation (HAT) 2016 / 679 the European Parliament and advice, 27 April 2016, concerning the protection of individuals with regard to processing of personal data and on the free movement of such data and repealing the Directive 95 / 46 / CE (Opens in new window) (General Rules of data protection).

  • Security

Organic Law 15 / 1999, of 13 December, on the protection of Personal data (MAY)

24 December 1999

BOE: No. 298 of 24 / 12 / 1999

  • Citizen
  • Company
  • Security

Royal Decree 1720 / 2007, of 21st December, which approves the regulations of the Organic Law 15 / 1999, of 13 December, on the protection of personal data (MAY)

19 January 2008

BOE: No. 17, 19 / 01 / 2008

  • Citizen
  • Company
  • Security

Accessibility

Royal Decree 1112 / 2018, 7 September, on the web accessibility and applications for mobile devices in the public sector

19 September 2018

BOE: No. 227 of 19 / 09 / 2018

  • Accessibility

Royal Decree 1494 / 2007, dated 12 November, which approves the regulations on the basic conditions for the access of persons with disabilities to technologies, products and services related to the information society and media

21 November 2007

BOE: No. 279 of 21 / 11 / 2007

  • NOTE : The object of this rules is to establish the criteria and conditions that are considered basic to ensure access of persons with disabilities to technologies, products and services of the information society and any media, in accordance with the principles of equal opportunities, non-discrimination and universal accessibility.

  • Derogates the arts. 5, 6 and 7 and amending the art. 9, by Royal Decree 1112 / 2018, 7 September on the web accessibility and applications for mobile devices in the public sector (BOE No. 227 of 19 / 09 / 2018) (Opens in new window)

  • Accessibility

Technical safety instructions

Resolution of 7 October 2016, the secretariat of state of public administrations, approving technical instruction of Security status report about security.

02 November 2016

BOE: No. 265 of 02 / 11 / 2016 (Section (III)

  • Security
  • Laws 39 and 40

Resolution of 13 October 2016, the secretariat of state of public administrations, which approves the security Technical Instruction in accordance with the national security Scheme

02 November 2016

BOE: No. 265 of 02 / 11 / 2016 (Section (III)

  • Security
  • Laws 39 and 40