Is the self-employed person a subject as defined in Article 14 of Law 39/2015?

According to article 14.2 of Law 39/2015, of 1 October, on the common administrative procedure of public administrations (LPACAP), the self-employed are not obliged to interact electronically with public administrations.

This can lead to problems of non-homogeneity in the procedures, for example, with prior communications or activity licenses.

However, it should be noted that the LPACAP allows regulations to establish the obligation to submit certain documents by electronic means for certain procedures and groups of individuals.

In this sense, it is advisable to include this obligation for the self-employed, in the event of having an Electronic Administration Ordinance.

Legal Context

Law 39/2015

Article 14. Right and obligation to interact electronically with public administrations.

“1. Individuals can choose at any time whether to communicate with public administrations to exercise their rights and obligations through electronic means or not, unless they are obliged to communicate through electronic means with public administrations. The means chosen by the person to communicate with the public administrations may be modified by the person at any time.

2. In any case, at least the following subjects are obliged to communicate with the public administrations through electronic means in order to carry out any procedure of an administrative procedure:

a) Legal entities.

b) Entities without legal personality.

c) Those who carry out a professional activity for which compulsory membership is required, for the procedures and actions they carry out with the public administrations in the exercise of the aforementioned professional activity. In any case, this group includes notaries and registrars of property and commercial property.

d) Those who represent an interested party who is obliged to interact electronically with the Administration.

e) Employees of public administrations for the procedures and actions they carry out with them due to their status as public employees, as determined by regulations of each Administration.

3. By regulation, administrations may establish the obligation to interact with them through electronic means for certain procedures and for certain groups of natural persons who, due to their economic, technical capacity, professional dedication or other reasons are proven to have access to and availability of the necessary electronic means. ”

Article 16. Records.

“5. [...]

Regulations may establish the obligation to submit certain documents by electronic means for certain procedures and groups of individuals who, due to their economic, technical capacity, professional dedication or other reasons, are credited with having access and availability of the necessary electronic means. ”

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