Law 39/2015, of October 1, on the common administrative procedure of public administrations, establishes that regardless of the means used, notifications are valid as long as they allow us to record their sending or making available, the reception or access by the interested party or their representative, of their dates and times, of the entire content, and of the reliable identity of the sender and recipient. Accreditation of the notification made must be included in the file.
On the other hand, it provides that notifications by electronic means must be made by appearing at the electronic headquarters of the Administration or through the single authorized address. In this sense, the eNOTUM platform guarantees access and practice of notification as one more service in the citizen's folder.
What will need to be enabled in practice is that if the interested person, obliged or not to receive electronic notifications, appears spontaneously at the assistance offices in matters of registration, he will have to be notified at that time if he does so. tender and record this act in the electronic file.
Regarding the date of the effective practice of the notification in the case of those obliged to receive electronic notifications, it will be the one recorded as the date of notification in the eNOTUM. As of today, this platform does not allow the in-person delivery of a notification to be recorded, but this interpretation is done analogously to what happens in the case of face-to-face submissions of requests by a person obliged to process electronically .
Article 41. General conditions for the practice of notifications .
"1. Notifications must preferably be made by electronic means and, in any case, when the interested party is obliged to receive them by this means.
a) When the notification is made on the occasion of the spontaneous appearance of the interested party or his representative at the registration assistance offices and requests communication or personal notification at that time.
b) When to ensure the effectiveness of the administrative action it is necessary to practice the notification by direct delivery of a public employee of the notifying Administration.
Regardless of the medium used, notifications are valid as long as they allow us to record their sending or making available, the reception or access by the interested party or their representative, their dates and times, the entire content , and the authentic identity of the sender and recipient. Accreditation of the notification made is included in the file.
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Article 43. Practice of notifications through electronic means.
For the purposes provided for in this article, appearance at the electronic headquarters is understood as access by the interested party or their duly identified representative to the content of the notification."