The registration forms for Via Oberta services can be found in the "Procedures" section of EACAT: Home > Procedures > Catalog > AOC - Request for services.
Within this section there are two different registration procedures:
- Request for services from Via Oberta, where you can download the form that includes all the services available in the Service Catalog, except for the request relating to the data consultation with the State Tax Administration Agency (AEAT) . You can follow the recommendations in this FAQ to correctly complete the Via Oberta service request.
- Service request Via Oberta - AEAT. The form is independent of the rest of the service due to the particularities in the conditions of the registration request by the transferor. To follow the recommendations to correctly complete the Via Oberta - AEAT service request, consult the section " Sign up for the Via Oberta AEAT service"
It must be taken into account that the request for registration of data consultation services with the General Directorate of Traffic, with regard to the sanctioning modalities, requires the signature of a specific agreement with the DGT, prior to the request for the Via Oberta service. Consult the FAQ - How to request access to DGT data?
To fill out the Via Oberta form correctly, it is necessary to take into account the following points:
The name and description of the procedure
Generic procedure names that contain: the name of the service, the procedure code, the name of the data transferor or the year of the call are not valid. It is necessary to indicate exactly the corresponding procedure.
For example, if the procedure by which access to the data is requested is for a grant, it must be indicated what type of grant it is and the description should expand the information.
The specific regulations of the procedure
In order to avoid requests from issuers in the authorization process, it is essential that the request is accompanied by the regulatory justification that enables access to the consultation.
Although article 28.2 of Law 39/2015, of October 1, on the common administrative procedure of public administrations, establishes the non-obligation of those interested in an administrative procedure not to provide documents that open in the power of other AA.PP, with the approval of the Regulation that develops Law 39/2015 in March 2021, the requirement is established that interoperability authorizations are made for administrative procedures and not for purposes , that is why it is necessary to expressly indicate the specific regulations that regulate the procedure and the specific article where it is required to obtain the data or document that is intended to be consulted .
For example, if it is intended to consult compliance with tax or social security obligations for a subsidy procedure, it will be sufficient to specify that the consultation is based on article 14.e of the General Law on Subsidies (LGS), given that this article establishes that in order to be a beneficiary of a subsidy it is necessary "e) To prove before issuing the proposal for a concession resolution that you are up to date with your tax obligations and before the Security Social (...)".
However, if the data to be consulted in the subsidy procedure is, for example, the large family certificate, the large family certificate, the single-parent family certificate or the disability data, it will be necessary to specify the regulatory bases of the specific call for the subsidy where the contribution or verification of this data is specifically required .
For example, the regulatory basis 9.2 of the aid to the school canteen of the Regional Council of Garraf:
Another example would be the case of a call for a selective process anywhere it is necessary to consult the applicant's data relating to the degree, working life or at the disposal of a specific driver's license, etc. In this case, the specific regulatory bases of this call will have to be provided, which expressly contain the data that ask to consult
The Ministry does not under any circumstances accept the General Bases that regulate the selection processes as a justifying regulation for the data consultation.
With regard to the data that is requested from the organizations transferring the data that depend on the AGE (General Administration of the State), it is necessary to attach the publication or translation into Spanish of both the applicable regulations and the form where authorization is collected for the consultation of the data.
Authorization to consult the data
In accordance with what is established in article 28.2 of Law 39/2015, of October 1, on the common administrative procedure of public administrations, it is presumed that the consultation or obtaining of the data is authorized by the interested parties unless the procedure states your express opposition or that the applicable special law requires the authorization to consult the data through express consent . This is why the corresponding type of qualification must be indicated on the form:
- Law : Select in cases where a law states that the consent of the interested person should not be required or does not allow for the right of opposition. For example, article 28.2 of Law 39/2015 establishes that there is no place for the opposition when the contribution of the data is required in the framework of sanctioning or inspection procedures .
- Express consent (Yes) : It will be selected in cases where a law requires the administration to be authorized to consult the data through the express consent of the citizen to access their data . In these cases, it will be necessary to attach the form containing a clause where express consent is requested with the formula as an example: "I authorize the consultation of tax data for the resolution of this request". As an example, article 95.1.k of the LGT provides that access to tax data for non-tax purposes requires obtaining the express consent of the citizen .
- No opposition : General criterion of article 28.2 of Law 39/2015. "No opposition" will be selected in cases where it is only necessary to guarantee the citizen's non-opposition to the consultation of their data.
Important: In these cases it will be necessary to attach the form containing an informative clause on the queries that the administration will carry out and where the possibility of objecting to the query of your data is guaranteed, including the motivation for this opposition and the need to provide the necessary documentation in case of opposition .
An example of a clause that can be accepted by the State Mediation Platform (PID):
( X) I object to the body competent to resolve consulting the data necessary for the resolution of this request: Identity data, residence, title of large family, [ ] , [ ] , [ ]
For the following reasons:
XXX
In case of opposition, the documentation to issue the resolution must be provided together with the request
The particular criteria for the authorization processes for the services offered in the State Administration by the Intermediation Platform (Point 3), as well as the accepted examples of motivated opposition clauses and qualification (Annex II) they can be consulted in the following document .
To finalize the document, you only need to include the date on which the body with the authority to do so has approved the acceptance of the terms of service, sign and send.
To expand this information, you can refer to the step-by-step guide to accessing Via Obeta data .