Managing Mandatory Electronic Notifications in the current scenario
Lawyer press News
4 november 2020
Spanish Public Administrations have again delayed their adaptation calendar to Law 39/2015 of the Common Administrative Procedure, which obliges all companies and freelancers to interact with the Administration through electronic means and which should have definitively entered into force in the past October 2.
We do not know if the reason has been derived from this “social and economic earthquake” called Covid-19 or there are other reasons of a technical nature, but the reality is that we have a new six-month extension, which places us on April 2, 2021.
But first, let’s do a little memory. Laws 39/2015 and 40/2015 have been in force since 2016. On September 4, 2018, the BOE published a modification —RD Law 11/2018 — that affected the seventh final provision of said law, according to which, amogn other questions, specified that a single general electronic access point for the Administration should also be available from October 2 of that year. The modification was an extension of the entry of that single access point until October 2, 2020.
The new extension (like the previous one) based on the single access point, implies looking for solutions
What does this new extension mean? That regardless of the existence or not of a “single window”, the public administrations will continue to send their Notifications, forcing companies to check mailbox by mailbox, portal by portal, in search of all of them.
This is not an easy task if we take into account the administrative reality of our country: 8.000 town halls, 41 councils and 17 autonomous communities, in addition to ministries and various public bodies – DGT, Tax Agency, Social Security, town halls, etc.-. And, if this were not enough, you have to deal with different technology platforms and different levels of compliance.
On the other hand, we are faced with an unstable and changing ecosystem of electronic offices, organizations and hubs, which makes the management of Notifications extremely difficult. The causes? The different layers of the Public Administrations have been advancing in their need to comply with the Law through different platforms and technologies, each one at its own pace with the perspective of the single access point.
And if you thought there would be no more complications, currently notifications on paper continue to arrive, so, in practice, an organization has two input channels: the physical one in its offices and the digital one through the electronic gate.
Manage notifications “without dying in the attempt”
Faced with this challenge, we have developed a solution for the centralized management of Notifications, which partly replaces the role of the “single window” and allows an organization to have a single point of access to receive these Notifications or respond to them to the administration.
Our solution incorporates a mix of technology and specialized teams, with capabilities to track 100% of the public administration map in a synchronized way. in search of notifications and, if any, proceed to download them through the corresponding digital certificates of each organization, duly stored securely in a certificate centralizer that allows managing and restricting the corresponding permissions for use.
Schematically, this solution integrates the three main Notification processes in a single platform:
- Track, access and download Notifications
- Classification and internal distribution of Notifications
- Response to the Administration: submission of briefs
These types of solutions relieve companies of the need to dedicate human resources to “pursue” Notifications and provide peace of mind since they minimize the risk of penalties for non-response.
Electronic Notifications and teleworking as a lever for digital transformation
In Spain alone, from one day to the next, thousands of companies closed their offices and sent their professionals to telework at their homes, but the documentation continued to arrive at the offices. The documents, many of them relevant and with deadlines such as notifications on paper (certificates) were left undelivered, with the damages that this caused to the companies.
There is no doubt that the impact was null in the case of electronic Notifications (digital and therefore not linked to a physical location such as the office). There was also no impact on the organizations that had already opted for a dual information and documentation management system that harmonized the physical and digital worlds: whether it was an electronic Notification, on paper or any other type of document, it would be received on time. and form by any user in the organization regardless of their physical location.
We are therefore on the verge of a major transformation of the document logistics of organizations, which can only be digital, something that The Mail Company has been working towards for some years.
We are not only talking about Digital Mail, Digital internal mail or NEOS, the great opportunity will be the development of Solutions that allow the comprehensive management of documentation, information and communications that organizations send or receive, regardless of location employee physics: telecommuting, flexible offices, etc.
A transformation based on digitization, data management and 5G.