On November 11th, 2019, the Law 21.180 on Digital Transformation of the State was published in the Official Journal, which introduces a series of modifications to various regulatory bodies in order to incorporate technology in different procedures followed before public bodies, seeking to reduce their processing times and facilitate the access of citizens to various procedures by the State.
It should be borne in mind that this law will take effect within 180 days from the publication of the regulations (i) that regulate the gradual nature of the application of this law to the organs of the State and; (ii) determine the application of all or part of the law, with respect to those administrative procedures regulated in special laws. One of the most relevant regulatory bodies modified by this law is Law 19,880, which establishes the Basis of Administrative Procedures that govern the Acts of the organs of the State Administration. Among the main changes to this regulation we can find the following:
1. The obligation of the State bodies to have updated technological or digital systems is established, through which administrative procedures will be carried out. In this sense, from now on the general rule is the electronic procedure and the exception is paper. These electronic platforms must be available for the presentation of documents throughout the year, 24 hours a day, notwithstanding that presentations on non-working days are understood to be made on the first business day following.
2. The copies available in the electronic files are given the authorized copy quality.
3. In those cases in which the law requires the solemnity of an instrument or public deed, this solemnity shall be deemed fulfilled by the presentation of documents with an advanced electronic signature.
4. The obligation of the organs of the Administration to cooperate with each other is established in those cases in which, for the processing of a procedure, information that is within the competence of another State body is required.
5. All the provisions relating to notifications, contained in article 46, have been modified. As an example, from the entry into force of this law, notifications shall be carried out by the electronic means designated by the applicant, and in If it is an email (general rule), it will be understood as a valid address to practice the corresponding notifications.
To access a copy of Law 21.180 (Spanish), click here.
To access a comparison with the changes introduced in Law 19,880 (Spanish), click here.
