Legal framework

Legal framework

Information relating to the complete legal framework in which METAPOSTA has been developed is given below:

  • Legal context and general regulations affecting services offered through the METAPOSTA System
    • Law 11/ June 22, 2007 on the access of the public to Public Services by electronic means.
    • Directive 1999/93/CE of the European Parliament and Council of December 13, 1999, which establishes a community framework for electronic signatures.
    • Royal Decree-Law 14/ September 17, 1999 on electronic signatures, recognition of their legal efficiency and presentation of certification services to the public.
    • Order of February 21, 2000, which approved the accreditation regulations of certification services providers and the certification of specific Electronic Signature products.
    • Law 59/ December 19, 2003 on electronic signatures.
    • Royal Decree 209/February 21, 2003, which regulates records and telematic notifications, as well as the use of telematic means to replace the provision of certificates by members of the public.
    • Organic Law 15/ December 13, 1999 on the protection of data of a personal nature.
    • Electronic Invoice Law.
    • Electronic Commerce Law.
    • Internet Accessibility Regulations.
    • Decree 232/2007 of the Basque Government, of December 18, which governs the use of electronic, computer and telematic means in administrative procedures.
    • General Telecommunications Law 32/ November 3, 2003.
  • On the Electronic Notification mechanism used by METAPOSTA

    The Electronic Notification used by METAPOSTA guarantees, in all cases, compliance with the requirements established by:

    • Articles 58 and 59 of Law 30/ November 26, 1992 on the Legal Regime of Public Administrations and Common Administrative Procedure for the notification of administrative acts.
    • Law on the access of the public to electronic services.
    • Royal Decree 209/February 21, 2003, which regulates records and telematic notifications, as well as the use of telematic means to replace the provision of certificates by members of the public.
    • The Decree of the Basque Government which governs the use of electronic, computer and telematic means in the administrative procedures of the Autonomous Community of the Basque Country.
    • Order No. 4673 of the Treasury and Public Administration Department of August 16, 2004, of the Regional Minister of the Treasury and Public Administration on the telematic processing of certain procedures and actions provided for in the contract legislation of Public Administrations.
  • The operation of METAPOSTA as Telematic Registry for documentation sent and deposited in the system

    METAPOSTA operates as a Telematic Registry for the documentation sent and deposited in the system. For this purpose, its operation is governed in accordance with the following legal framework:

    • Law on the access of the public to electronic services.
    • Royal Decree 209/February 21, 2003, which regulates records and telematic notifications, as well as the use of telematic means to replace the provision of certificates by members of the public.
    • Decree of the Basque Government which governs the use of electronic, computer and telematic means in the administrative procedures of the Autonomous Community of the Basque Country.

    Bidding companies must include in their proposals those elements that allow METAPOSTA to operate as a Telematic Registry for the documentation sent and deposited in the system.

    According to the aforementioned legal framework, the METAPOSTA system operates as a Telematic Registry responsible for the reception of documents, communications and notifications. For this purpose, according to the aforementioned legal framework, METAPOSTA only accepts the presentation of documents, communications and notifications signed electronically by means of a recognised electronic signature, as set out in the provisions of Electronic Signature Law 59/ December 19, 2003.

  • Framework of regulations governing accessibility to the METAPOSTA service

    METAPOSTA must guarantee the rights of all members of the public to accessibility both in the physical and virtual worlds, irrespective of whether they suffer from physical, sensory or cognitive problems. In the resolution of the Council of March 25, 2002, the European Union encourages member states to take into consideration the need for digital content to be accessible and, following this recommendation, Law 34/ July 11, 2002 on information Society services and electronic commerce, requires public administrations to adopt the necessary means to ensure the accessibility of the information available in their respective Internet websites to persons with a disability and elderly persons, in accordance with generally recognised criteria regarding the accessibility to contents, before December 31, 2005.

    In line with this objective, METAPOSTA complies at least with the first level of priority of the WAI guidelines (Web Accessibility Initiative) of the W3C Consortium (World Wide Web Consortium). In accordance with these guidelines, METAPOSTA has been designed taking into account the accessibility regulations of the aforementioned WAI initiative.

  • Additional Framework of regulations on the Protection of data stored in METAPOSTA

    The fundamental reference model for the Protection of data stored in METAPOSTA is Organic Law 15/ December 13, 1999, on the protection of data of a personal nature.

    Additionally, it is necessary to refer to another two regulations:

    • The protection of data within the context of the Decree of the Basque Government which governs the use of electronic, computer and telematic means in the administrative procedures of the Autonomous Community of the Basque Country.
    • The Institutional Agreement that regulates the non-accessibility of Basque Public Administrations to the data stored in METAPOSTA.
  • Linguistic regime of METAPOSTA

    METAPOSTA offers its services in a multilingual context: Spanish, Basque, Catalan, Galician and English. METAPOSTA will respect the official status of Basque in accordance with Law 10/ November 24, 1982, which governs the use of Basque and the regulations drawn up subsequently in order to develop this further.

    The design of METAPOSTA guarantees that all the functionalities of the system can be used in the language chosen by the interested person. METAPOSTA will enable users to modify their language option at any time.