The registration forms for requesting services from Via Oberta are found in the “Processes” section of EACAT: Home > Processes > Catalog > AOC - Service request.
Within this section there are two different registration procedures:
- Request for Via Oberta services, where you can download the form that includes all the services available in the Services Catalog, except for the request related to the consultation of data with the State Tax Administration Agency (AEAT). You can follow the recommendations in this FAQ to correctly complete the request for Via Oberta services.
- Application for the Via Oberta service - 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 " Registration for the Via Oberta AEAT service"
It should be noted that the request for registration of data consultation services with the Directorate General of Traffic, regarding the sanctioning modalities, requires the signing of a specific agreement with the DGT, prior to requesting the Via Oberta service. Consult the FAQ - How to request access to DGT data?
To correctly fill out the Via Oberta form, 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 provider or the year of the call are not valid. The corresponding procedure must be indicated exactly.
For example, if the procedure for which access to data is requested is for a subsidy, the type of subsidy must be indicated and the description must provide more information.
The specific regulations of the procedure
In order to avoid requirements from issuers in the authorization process, it is essential that the request be 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 held by other AA.PP, with the approval of the Regulation that develops Law 39/2015 in March 2021, the requirement is established that interoperability authorizations be made through administrative procedures and not for purposes , which is why it is necessary to expressly indicate the specific regulations that regulate the procedure and the specific article where the obtaining of the data or document that is intended to be consulted is required .
For example, if you intend to consult the 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 to be a beneficiary of a subsidy you must “e) Accredit before issuing the proposed concession resolution that you are up to date in fulfilling your tax and Social Security obligations (...)”.
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 disability data, it will be necessary to specify the regulatory bases of the specific call for the subsidy where the provision or verification of this data is specifically required .
For example, regulatory basis 9.2 of the school canteen aid of the Garraf Regional Council:
Another example would be the case of a call for a selective process where necessary to consult the applicants' data relating to their qualifications, working life or at the disposal of a specific driving license, etc. In this case, the specific regulatory bases of this call must be provided where the data to be provided is expressly stated. they ask to consult.
The Ministry does not accept under any circumstances the General Rules that regulate selection processes as regulations justifying the consultation of data.
Regarding the data requested from data transfer agencies that depend on the AGE (General State Administration), it is necessary to attach the publication or translation into Spanish of both the applicable regulations and the form where the authorization to consult the data is included.
Enabling data consultation
In accordance with the provisions of 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 data is authorized by the interested parties unless the procedure states their express opposition or the applicable special law requires the authorization to consult the data by express consent . This is why the corresponding type of authorization must be indicated on the form:
- Law : Select in cases where a law provides that the consent of the interested party is not required or does not allow for the right to object. For example, article 28.2 of Law 39/2015 establishes that there is no room for opposition when the provision of data is required within the framework of sanctioning or inspection procedures .
- Express consent (Yes) : This will be selected in cases where a law requires the administration to authorize the consultation of 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 requesting express consent 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 regarding the consultations that the administration will carry out and which guarantees the possibility of opposing the consultation of your data, including the motivation for this opposition and the need to provide the necessary documentation in the event of opposition .
An example of a clause that can be accepted by the State Intermediation Platform (PID):
( X) I object to the competent body consulting the data necessary to resolve this request: Identity data, residence, large family certificate, [ ] , [ ] , [ ]
For the following reasons:
XXX
In case of opposition, the documentation to issue the resolution must be provided together with the application.
The particular criteria for the authorization processes for the services offered in the scope of the State Administration by the Intermediation Platform (Point 3), as well as the accepted examples of reasoned opposition and authorization clauses (Annex II) can be consulted in the following document .
To finalize the document, you will only need to include the date on which the competent body has approved the acceptance of the service conditions, sign and send.
To expand on this information, you can consult the step-by-step guide to accessing Via Obeta data .