Is the self-employed a subject of those defined in art. 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), self-employed persons are not obliged to communicate electronically with Public Administrations.

This fact can generate problems of non-homogeneity in the procedures, for example, with previous communications or activity licenses.

However, it should be noted that the LPACAP allows for the regulation to establish the obligation to present certain documents by electronic means for certain procedures and groups of natural persons.

In this sense, it is advisable to collect this obligation for the self-employed, in case of having an electronic administration Ordinance.

Legal context

LAW 39/2015

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

"1. Natural persons can choose at all times 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 public administrations can be modified by that person at any time.

2. In any case, at least the following subjects are obliged to communicate through electronic means with the public administrations 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 public administrations in the exercise of the mentioned professional activity. In any case, this group includes notaries and property and commercial registrars.

d) Those who represent an interested party who is obliged to communicate 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 the regulations of each Administration.

3. By regulation, the administrations can establish the obligation to relate to 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 it is proven that they have access and availability of the necessary electronic media."

Article 16. Records.

"5. [...]

By regulation, administrations can establish the obligation to submit certain documents by electronic means for certain procedures and groups of natural persons who, due to their economic, technical capacity, professional dedication or other reasons, are accredited as having access and availability of the necessary electronic media."

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