Law 39/2015, of 1 October, on the common administrative procedure of public administrations, establishes that regardless of the means used, notifications are valid as long as they allow proof of their sending or making available, of receipt or the access by the interested party or his representative, of his dates and hours, of the complete content, and of the trustworthy identity of the sender and addressee. 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 only authorized address. In this sense, the eNOTUM platform guarantees the access and practice of notification as another service of the citizen's portfolio.
What will need to be enabled in practice is that if the person concerned, whether or not required to receive electronic notifications, appears spontaneously at the registration assistance offices, the notification must be made at that time if so requested. tender and record this act in the electronic file.
With regard to the date of the effective practice of the notification in the case of those obliged to receive electronic notifications, it will be the one that appears as the date of notification in the eNOTUM. Today, this platform does not allow the delivery of a notification in person, but this interpretation is similar to what happens in the case of face-to-face submissions of applications by a person obliged to process electronically. .
Article 41. General conditions for the practice of notifications .
"1. Notifications shall be made preferably 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 in the assistance offices in matters of registration and request the communication or personal notification at that time.
b) When, in order to ensure the effectiveness of the administrative action, it is necessary to carry out the notification by direct delivery of a public employee of the notifying Administration.
Irrespective of the means used, the notifications are valid as long as they allow proof of their sending or making available, of the receipt or access by the interested party or his representative, of their dates and times, of the complete content. , and the trustworthy identity of the sender and recipient. Accreditation of the notification made is included in the file.
[...] . ”
Article 43. Practice of notifications through electronic means.
For the purposes of this article, access to the electronic office means access by the interested party or their duly identified representative to the content of the notification. "