Effective from 2-10-2020, the cases, regime and conditions under which electronic notifications and communications must be practiced within the scope of the Social Security Administration and affect all the general addresses, managing entities and common services included in the scope of the ELECTRONIC headquarters of SEDESS. This order repeals OM ESS/485/2013 so far. The main features of the new regulation are as follows:
(a) Applies to electronic notifications and communications regarding:
- registration of companies;
- affiliation, highs, casualties and variations in worker data;
- performance and:
- any other legal relationship with the aforementioned Social Security Administration.
Mutual collaborators must be incorporated into the electronic notification system regulated from the date of effect of the authorization of their constitution.
Legal relationships in which the SS Administration acts as a subject of private law are excluded.
b) Although in general, all notifications and communications must be made by appearing at SEDDES at the https://sede.seg-social.gob.es e-mail address, notifications addressed to:
- financial institutions attached to the procedure for electronically for the fore embargo of money on accounts opened in credit institutions.
- AAPP adhered to the procedure for electronically making the restriction of tax refunds or unduly made income and payments from the expenditure budget of those public administrations.
- AAPP and official professionals requesting information, whether or not it is subject to automated processing, that is useful for the collection of Social Security resources.
- The Social Security Administration in cases where, is obliged to provide or transfer the data, reports or background obtained in the exercise of its functions.
It also excludes those that are carried out through secure environments between different entities or public administrations.
c) Those required to receive notifications and communications from the Social Security Administration by electronic means are as follows:
- Legal persons and entities without legal personality, as well as those engaged in a professional activity for which compulsory collegiality is required, where notification or communication occurs on account of the exercise of that professional activity.
- Natural persons required to join and who have not been voluntarily attached to the RED System. Your obligation to appear in SEDESS to receive notifications and communications occurs from the time they must be incorporated into the RED System or since its incorporation.
- Applicants or caregivers for birth and child care, risk during pregnancy and risk during breastfeeding.
- Registered in the Electronic Register of Social Security powers as proxy to receive notifications and communications from the Social Security Administration, or those who hold a general power of attorney registered in the Electronic Registry of Powers of the General Administration of the State, even if its powers are not obliged to relate electronically to it.
The remaining legal persons may express their willingness to receive notifications and communications through SEDESS, although at any time they may express their willingness to stop successive notifications from being made exclusively by these means. If in accordance with the regulations previously in force, they have expressed their willingness to receive electronic notifications and communications, they will continue to receive them, as long as they do not state otherwise through the corresponding service at SEDESS.
d) Although subjects required to receive them by electronic means, the Social Security Administration may practice notifications and communications by non-electronic means,where:
- are made on the occasion of the spontaneous appearance of the data subject or his representative in the registration assistance offices and request the communication or personal notification at that time;
- to ensure the effectiveness of administrative action, it is necessary to make notification or communication by direct delivery of a public employee of the notifying administration;
- incompatible with the immediacy or speed required by administrative action to ensure its effectiveness.
In addition, the following notifications cannot be made electronically:
- where the act to be notified is accompanied by elements that are not capable of conversion into electronic format;
- containing means of payment in favour of interested parties, such as cheques.
- to be practiced by person at the address of the person concerned or elsewhere designated for that purpose by that legislation, or in any other non-electronic form.
(e) With regard to the practice of electronic notifications, the following should be taken into account;
- The notification understands produced at the time when any of the possible recipients provided for in accessing the content of the corresponding administrative action through said headquarters. The following should be taken into account in respect of the notification:
- If more than 10 calendar days have elapsed since the notification is made available in SEDESS and its contents are not accessed, the notification is understood to be rejected.
- As soon as the Social Security Administration makes available to the interested party (or authorized or proxy) an administrative action in sedeSS for the purposes of its notification, it sends an informational notice to the electronic device and / or email address communicated for this purpose. The information notice must contain the basic data that allow the identification of the notification. The omission of the notice does not prevent the validity of the notification in SEDESS.
- Identification of the recipient(s) of the notification is made using the identification and signature systems supported by SEDESS.
- – Where access to notifications in SEDESS within 10 calendar days is not possible for a period of more than 12 hours for reasons attributable to the Social Security Administration, the period is considered temporarily suspended from the day of initiation until the day of the end of the incident, and the calculation of the period is then resumed.
- The electronic notification system by appearance at SEDESS must prove: date and time of making available the act being notified and access to its content or, where appropriate, rejection.
- If notifications are made by electronic and non-electronic means simultaneously, the effects of administrative action are understood to have occurred from the first of the notifications made.