The Council of Ministers has approved by Royal Decree, on the proposal of the Ministries of Economic Affairs and Digital Transformation and of Territorial Policy and Public Service, the Regulation on the operation and functioning of the public sector by electronic means, which addresses the global and unitary regulation of the operation of the public sector by electronic means both within the Administrations and in inter-administrative relations and with citizens and companies.
The Royal Decree unifies in the same Regulation the development of all aspects related to the operation and operation of the public sector by electronic means provided for in the two laws of header in this matter (Law 39/2015, of 1 October, of the Common Administrative Procedure of Public Administrations and Law 40/2015, of 1 October, of the Legal Regime of the Public Sector). With this, an important task of systematization and management is achieved, with a remarkable effort to simplify technically complex concepts.
The Regulation deepens the objective of having a digital, modern, accessible and personalized Public Administration to the needs of different social groups. This Royal Decree consolidates the regulations relating to electronic services to citizens and companies, and boosts the use and benefits of digitalization in the Administration.
For example, it will facilitate progress so that citizens do not have to provide information already available to the Administration itself, that can consult notifications in a single notification address and that can access a single point of information through the PAGe (General Electronic Access Point).
The Regulation provides Spain with the essential regulatory framework to face the great challenges posed by the evolution of disruptive technologies, its application to information management and the execution of public policies, the new models of relationship of citizens and companies with the Public Administrations and the efficient reuse of information.
Its entry into force, on April 2, will definitively eliminate the overlapping of different legal regimes and will facilitate citizens, companies and administrations the basic regulatory development in a single text, thereby contributing to legal certainty, which is one of the objectives of the standard.
With the approval of this Regulation, one of the measures for the digital transformation of the public sector included in the Digital Spain Agenda 2025 and with one of the reforms contemplated in the Transformation and Resilience Recovery Plan for the first half of the year is fulfilled.
Spain has a very favourable position to deal with digital transformation and, as far as e-government is concerned, is among the most advanced countries in the European Union, thanks to the continuous efforts of the Public Administrations, as reflected in the DESI report of the European Commission.
Main objectives
This regulation has four main objectives. First, improve the efficiency of e-government. To this end, the right of citizens to interact electronically with the Public Administrations is facilitated; the mandatory electronic relationship of legal persons and certain categories of natural persons; and the electronic processing of procedures as a habitual action of the Public Administrations.
The Administrations will have an electronic file of files that correspond to completed procedures and all notifications will be made by electronic means unless they are natural persons not obliged to be notified electronically.
The second objective is that both the internal electronic functioning of the administration and the relations of the Public Administrations with each other be carried out electronically. This implies interoperability as a basic principle, determining the conditions and instruments for the creation of electronic headquarters, as well as the assumptions of the use of the seal signature or secure verification code systems, and the electronic signature systems themselves.
The third objective is to increase the transparency of administrative action and the participation of people in e-government. Thus, the operation of the Electronic General Access Point (PAGe), and the Citizen Folder in the State Public Sector is developed. It also regulates the content and minimum services to be provided by the electronic headquarters and associated electronic headquarters and the operation of the electronic records.
Fourthly, it seeks to have digital services easily usable and accessible so that it can make the relationship between the interested party and the Administration easy, intuitive and effective when using the electronic channel.
Positive impacts
The regulation on the performance and operation of the public sector by electronic means will increase legal certainty, as well as the predictability of the performance of Public Administrations, contributing to improving the service to citizens, the institutional image of Spain and trust.
The Royal Decree also promotes equal opportunities, non-discrimination and universal accessibility for persons with disabilities, since the electronic media provide an alternative means of communication with the Administration.
Likewise, the defense of individual rights is reinforced. This is the case of the right to rapid, effective and efficient access to public services through electronic means; the right to have quality web services that are useful and meet their needs; the right to receive transparent and truthful information; and, at the same time, the right to preserve the privacy of citizens and their personal data.
The regulation also has a positive environmental impact by reducing the carbon footprint of traditional paper-based processing, laser printing and logistics. Faced with this traditional procedure, this Royal Decree proposes to eliminate paper for most administrative processes, something that allows to eliminate printing and logistics processes and their consequent environmental impact.