When citizens act before a Public Administration (PA), it is usually enough to identify themselves. In other cases, however, you will also need to sign (applications, responsible statements or communications, appeals, withdrawals of actions and waiver of rights must be signed); as you can see, despite the fact that these are taxed cases, it is evident that the signature is still necessary in most of the procedures before the AP.
Having said that, the regulations list the admissible electronic identification and signature mechanisms but, on the other hand, do not include elements that allow them to be defined. Broadly speaking, it can be stated that:
- Electronic identification is the digital procedure for verifying a person's identity, based on their first and last name - or corporate name - as shown in their National Identity Document - or equivalent - through a credential validation platform identity or data exchange.
- The electronic signature is the set of data in electronic format used by the person signing to certify the authenticity of the expression of their will and their consent; it also certifies the integrity and unalterability of the signed document. The use of an electronic signature mechanism also involves the identification of the person.
These two concepts must be differentiated from authentication, which is the process that allows you to prove that a person is really who they say they are (similar to a verification).
No, because there are people who have the right to choose the channel of relationship with the PAs and will therefore be able to submit paper applications with a handwritten signature.
However, please note that before you practice entry settlement of the paper application and accompanying documentation, a true copy process involving the digitization and signature of the documentation (the most common is to sign with an electronic seal).
Finally, we share some good practices that can serve as an alternative to submitting paper documentation to the Offices of Assistance in the Matter of Records (OAMR):
- Acquire electronic tablets where the will of the interested person is recorded through a digitized handwritten signature.
- Have public access computers in the OAMR, to help obtain the identification mechanisms from the OAMR itself.
- Assist the person interested in obtaining identification and signature mechanisms with their personal devices.
- Encourage assistance by qualified officials, who can also identify themselves and sign electronically on behalf of the person concerned (prior authorization).
The identification and electronic signature mechanisms provided for in the regulations are 3 and they are as follows:
- Qualified electronic certificates of electronic signature, such as idCAT. Qualified electronic certificates of electronic seal: they can be used for the exchange of data (between administrations, administrations and citizens and between administrations and companies), the identification and authentication of a system, web service or application, the automated electronic file, electronic certificates and copies, among others.
- Other systems that consider the APs valid, prior to user registration, that allow checking their identity, such as idCAT Mòbil.
Each public administration determines which of these mechanisms citizens must use in relation to a specific procedure or service, according to what appears in the FAQ Aspects related to the selection of identification and electronic signature mechanisms.
Law 39/2015: arts. 9 to 13
RD 203/2021: arts. 15, 26 and 28