Jul 23, 2019 Media

Towards a single point of electronic notifications for all Public Administrations

ACFM Blog

02/07/2019

Recently, the Registry of Fiscal Advisors Economists (REAF), a body specialized in tax advice of the General Council of Economists of Spain, pointed out that it was necessary to enable a single point of access to the mandatory Electronic Notifications of Public Entities and Administrations.

After analyzing the current situation, economists noted the problems that are occurring, especially with organizations that have implantation in different Communities and Municipalities, and therefore have a relationship with different Administrations, which is very complex if we consider what we are talking about: some 8,000 municipalities, 41 councils, 17 autonomous communities, Ministries and various public bodies such as DGT, Tax Agency, Social Security among others, which use different technological platforms with different levels of compliance.

This causes great uncertainty and misinformation of the companies as they highlighted in a statement in which they expressed that the current situation causes “an obvious damage to those administered also to the Administrations, in addition to unnecessary litigation,” penalizing a good corporate governance in companies, of such a critical issue, such as communication with the Public Administration.

It is curious to see how a measure that was designed to digitally transform the Administration and facilitate communication is being counterproductive for many companies. And it is fundamentally due to the lack of a single access point where all Electronic Notifications are centralized.

Laws 39/2015 and 40/2015 are already in force
Laws 39/2015 and 40/2015, in force, require (companies and freelancers) to maintain their communications with the Administration through electronic means, so that administrative notifications to companies cease to be made at their registered office by mail certificate, to be made through the different Electronic Platforms. This means that they have to access these electronic Headquarters regularly because, after 10 days, downloaded or not, the Administration understands that they’re notifyed.

The notification can be made through the unique authorized electronic address, by electronic appearance at the headquarters of the Administration or Agency acting or by both systems. In addition, if the interested party has communicated an email address, the Administration will send a notice of the notification by said means, without the lack of practice of this notice preventing the notification from being considered fully valid.

The time spent and the potential risks of sanctions multiply
The scenario we face now is that the different layers of the Public Administration are advancing in their need to comply with the Law through the implementation of diverse platforms and technologies and each of them at their own pace, with the perspective of the single access point. And if you thought there would be no more complications, paper notifications continue to arrive today, so the current situation is that there are two channels of entry of Notifications in companies: physical and digital.

How should the right solution be for companies? A mix of technology and specialized equipment, with capabilities to track 100% of the Public Administrations map in a synchronized manner. in search of the Notifications and, if any, proceed to download them through the corresponding digital certificates of each organization (duly stored securely in a centralizer of digital certificates, which allows to administer and restrict the corresponding permits).

More in detail, it would be solutions that integrate the three main processes: tracking, access and download of notifications; classification and internal distribution of electronic notifications; presentation of writings. And all these processes should be monitored and with full traceability.

The classification and distribution of notifications is not a minor matter, since it is possible to establish the business rules and distribution policies of each client organization in an agile and accurate way since once downloaded they are notified and the deadlines begin to run .

Regarding the presentation, it means that, although currently each business unit seems to take care of its own efforts and have it under control, this does not stop taking up very valuable time that could be devoted to tasks of greater value, without forgetting the convenience of a centralized system to effects of adequate traceability and control.

In short, it would be a shame that a concrete and powerful measure, while mandatory, as is the obligation of companies to communicate electronically with the administration, was now diluted by the claim of some public entities not to give in to the creation of a single registration point. The technical capacity already exists; an agreement between Public Administrarions is now missing, to facilitate companies’ day-to-day operations and, above all, to manage the notifications more efficiently.