It is mandatory to use electronic means to relate to Public Administrations (PA) when the interested party is:
• Legal person.
• Entity without legal personality.
• Mandatory collegial professional.
• Public worker (for the procedures he carries out as a public employee).
In addition, let's keep in mind that other collectives may also be obliged to relate electronically with the PAs if it has been established by regulation.
In general, natural persons can choose whether they relate to the APs by electronic means or use the other channels provided for in the regulations (for example, the face-to-face channel or post offices).
Self-employed workers are natural persons and, consequently, are not obliged to relate electronically with the PAs.
Even so, it is increasingly common for PAs to establish the mandatory use of the electronic channel for self-employed workers for the actions they carry out due to their professional activity; this is the case of the following provisions:
• Decree 76/2020, of August 4, on Digital Administration (art.73).
• Law 18/2020, of December 28, facilitating economic activity (art.6).
In principle, no. The regulations do not provide for exceptions whereby a person obliged to use the electronic channel can submit a written statement in person.
What can we do if this happens?
First, accept the application (or the procedure) and register the entry document.
Then inform the person that they are required to deal electronically with the PA and that, for this reason, they will be required to amend the application in order to submit it by electronic means.
It is also necessary to inform the person that if he does not respond to the request, the request will be considered abandoned.
Faced with situations like the one described, we provide you with some good practices for you to evaluate in order to apply them to your organization:
• Make the request at the same time as recording the entry of the request (by means of a notification by spontaneous appearance).
• Provide the registration assistance offices (OAMR) with an amendment request model, stating that the date of presentation will be the date on which the amendment was made.
• Have public access computers to help the person obliged to carry out the procedure electronically from the OAMR.
• Assist the interested person in order to complete the procedure electronically with their personal device (mobile phone, tablet or laptop), from the OAMR itself; in this sense, awareness campaigns can also be carried out.
• Establish other means of assistance for those obliged subjects who state that they do not have the resources or sufficient knowledge to process electronically.
• Expand the information in the catalog of procedures, in order to indicate how applications must be submitted, provide documents, etc.
Law 39/2015: art. 12, 13, 14 and 68
RD 203/2021: art. 3 and 14