The following sub-paragraphs refer to the following laws and decrees:

• Law 11/2007, of 22 June, on the electronic access of citizens to public services.
• Royal Decree 1671/2009, of 6 November, partially implementing Law 11/2007, of 22 June, on citizens' electronic access to public services.
• Law 39/2015, of 1 October, of the Common Administrative Procedure of Public Administrationswhich, in its “Single Derogation Provision” (b), repeals Law 11/2007, and paragraph (g) repeals the Articles 2.3, 10, 13, 14, 15, 16, 26, 27, 28, 29.1.a), 29.1.d), 31, 32, 33, 35, 36, 39, 48, 50, paragraphs 1, 2 and 4 of the first additional provision, the third additional provision, the first transitional provision, the second transitional provision, the third transitional provision and the fourth transitional provision of Royal Decree 1671/2009. However, they will remain in force (they will not be deemed to be repealed) until, in accordance with the provisions of the seventh final provision, the provisions relating to the electronic registration of seizures, electronic registration, the general electronic access point of the Administration and the electronic single file have effect.

Law 39/2015, of 1 October, of the Common Administrative Procedure of the Public Administrationsin Article 10, Signature systems accepted by public administrations, indicates that, within the context of public employees, electronic signatures:

It can be used for identification and authentication of the exercise of competence the Administration or Administrative Body to which the employee belongs. In this respect, it is indicated that the following shall be considered valid for the purpose of electronic signature:

• Qualified and advanced electronic signature systems based on qualified electronic signature certificates issued by providers included in the “Trusted List of Certification Service Providers”, available at the following link:

• Taking into account the context in which we are, as a public employee, the certificate used for the signature, must have the authority of public employee.

• Any other system that the public administrations consider valid under the terms and conditions established, provided that they have a prior registration as a user that allows to guarantee their identity, after authorization by the General Secretariat of Digital Administration of the Ministry of Territorial Policy and Public Service, which may only be refused for reasons of public security, subject to a binding report from the Ministry of the Interior's Ministry of Security. The authorisation shall be issued within a maximum period of three months. Without prejudice to the obligation of the General Administration of the State to resolve in due time, the failure to resolve the application for authorisation shall be deemed to have disappointing effects.

Reference is also made to electronic seal systems, but this is outside the scope of public employees.

For the specific case of the General Administration of the State, Royal Decree 1671/2009, in its article 21, leaves out any certificate other than that of public employee or those included in the DNIe.

Article 9 of Law 39/2015 of 1 October 2015 on the Common Administrative Procedure for Public Administrations, Signature Systems Admitted by Public Administrations, states that, within the context in which we are dealing with public employees, they may be electronically identified with the Public Administrations through:

• Systems based on qualified electronic signature certificates issued by providers included in the “Trusted List of Certification Service Providers”.
• Concerted key systems and any other system, which the administrations consider valid under the terms and conditions to be established, provided that they have a prior registration as a user to guarantee their identity, after authorisation by the General Secretariat of Digital Administration of the Ministry of Territorial Policy and Civil Service, which may only be refused for reasons of public security, subject to a binding report from the Ministry of Internal Security. The authorisation shall be issued within a maximum period of three months. Without prejudice to the obligation of the General Administration of the State to resolve in due time, the failure to resolve the application for authorisation shall be deemed to have disappointing effects. This second case is concretized for the personnel of the General Administration of the State by Royal Decree 1671/2009, which partially develops Law 11/2007, with the Electronic Certificate of Public Employee. Article 22 provides that:
  • Those signature systems shall be based on electronic certificates which shall be referred to as Public Employee Electronic Certificates.
  • They may only be used in the performance of the functions of the post held by employees or in connection with public administrations where they admit it.
  • In addition to the holder’s identifying information, the certificate of Public Employee shall contain the public body or body in which the holder of the certificate and the body’s tax identification number serve.

Reference is also made to electronic seal systems, but this is outside the scope of public employees.

Public officials can identify citizens who do not have them with their own electronic signature systems.

According to Law 39/2015, article 12, Assistance in the use of electronic means to interested parties, when the identification or authentication of the citizen is required by means of an electronic mechanism provided by the law and from which the citizen does not have it, such identification or authentication can be validly performed by public officials through the use of the electronic signature system of which they are equipped.

In order for this identification to be legally carried out, two conditions must be met:

• The citizen must identify himself and give his express consent, and this must be recorded in cases of discrepancy or dispute.
• The administration must keep an up-to-date register of officials who are entitled to carry out this type of identification and authentication of the citizen. This register or equivalent system shall include at least the staff members serving in the registries assistance offices.

Article 16.2 of the RD 1671/2009 of 6 November provides that this register may, by means of the relevant Partnership Convention, extend its effects to relations with other public administrations. This article is repealed by Law 39/2015, although it will remain in force until this law is developed by a new Royal Decree (in project). The RD also provides that, in addition to the obligation for the official to be able to identify a citizen before another body or agency for which the identification and authentication is to be carried out, it is necessary that the electronic signature system used should also be admitted by the recipient body.

Where the official is required to identify a citizen to the Ministerial Department or agency to which he is appointed, it shall suffice for that purpose to be empowered by the same Ministerial Department or agency. It shall not be necessary, if it is authorised by the latter, to be included in the register of authorised officials.