In Spain, an official notification from a public authority can have serious consequences: a fine, a tax assessment, a request to submit documents or a deadline to file objections or an appeal. The problem is that many people never actually see the notification.
Private individuals still often receive official notifications by post. Businesses, legal entities and citizens who have opted for electronic communication usually receive notifications digitally. In both cases things can go wrong: a letter may not be delivered, an email may end up in spam or someone may simply not know that an official notification is waiting in a government portal. Even so, in certain cases the authorities may treat the notification as officially delivered. That is where many problems begin. It is therefore worth taking a moment to understand how this works and what the consequences can be.
Communication and rules for private individuals
When the authorities officially notify private individuals of important matters, they must comply with strict requirements intended to ensure that the notification actually reaches the recipient. The notification must be attempted personally, for example by postal delivery with confirmation of receipt, and at least two attempts at personal delivery must be made. If personal delivery is not successful, the authorities must publish an announcement in the Spanish Official State Gazette, the Boletín Oficial del Estado, usually abbreviated as BOE, in order to notify or summon the citizen in that way. After publication, the authorities may assume that the citizen has been officially notified and may attach legal consequences to the citizen’s failure to respond.
Private individuals may opt for electronic communication, which is mandatory for businesses and legal entities. Care is needed, because sometimes, consciously or unconsciously, a box is ticked by which the citizen accepts electronic communication. From that moment on, paper notifications are no longer used and communication between the authorities and the citizen takes place electronically.
Communication and rules for businesses and legal entities
Businesses, legal entities and citizens who have opted for electronic communication receive notifications electronically. The authorities place the notification in a portal. The portal then sends an email to the recipient warning that the notification is available. The recipient must then log in to the portal to retrieve and read the notification.
These emails usually come from a DEHú server. DEHú stands for Dirección Electrónica Habilitada Única, the central electronic portal for official notifications from Spanish public authorities. Another related system is Red SARA, a public infrastructure used for the processing of administrative communications. However, not all authorities are connected to this system.
To retrieve an electronic notification, a so-called “digital signature” or “user certificate” is required. This is a small software file, usually with the extension *.p12, which is installed on the computer. It integrates a digital certificate into a browser such as Google Chrome or Microsoft Edge. The certificate can then be used to identify yourself on government websites.
An email address is usually linked to the digital signature, and the authorities will use that email address to send notices relating to notifications. Pay attention to senders such as:
- dehu@correo.gob.es
- DEHú / RedSARA
Also look out for wording such as: “Aviso puesta a disposición de nueva notificación”.
From the moment the notification is made available in the electronic portal —a moment that usually occurs before the warning email is received— you have 10 days to log in with your digital signature and accept the notification. If you do not do so, the relevant authority may treat the notification as delivered and the relevant deadlines may start running. If you do not respond, you may lose important opportunities: to submit comments, file an appeal or claim something to which you are entitled.
Common problems
The problem is easy to see. If personal delivery fails or the warning email from the portal is not delivered, the notification may never actually reach the recipient. This happens frequently.
With postal or personal delivery, one of the first issues is that Spain does not have a single, up-to-date and centralised address database for citizens. Different public bodies often have a patchwork of different addresses.
Another problem is that in many areas, especially newly developed areas outside towns and cities where many foreign residents live, postal mail is not delivered properly. In some cases it can take years before the Spanish postal service includes an area in its regular delivery routes.
There is also considerable criticism of the electronic system, which is often experienced as unsafe or unreliable. The warning email may end up in the spam folder. In addition, digital certificates are often requested by advisers or intermediaries, who enter their own email address rather than the client’s. As a result, notifications may end up with the wrong person.
Many problems also arise when businesses are transferred or directors are changed. The existing digital certificate may be automatically revoked, while the new one cannot yet be requested. Similar problems may arise when a company is being liquidated: once the company is no longer registered, the digital certificate can no longer be renewed.
Furthermore, there is in reality no single central digital mailbox that guarantees receipt of all official notifications from all Spanish authorities. DEHú is intended to function as a central system, but in practice it is safer to regard it as the main collection point, not as an absolute guarantee that everything will appear there. Some authorities also use, or exclusively use, their own electronic offices or specific portals, such as the Spanish Tax Agency, the Social Security authorities or the Directorate-General for Traffic. In case of doubt, it is therefore advisable to check the portal of the relevant authority itself as well.
Finally, criminals now also imitate these types of communications, making people believe that they have received an official notification when in fact they are being targeted by a scam. Always check the sender carefully, do not click on just any link, and access the relevant portal through its official website.
Practical tips
- Check that your notification addresses and contact details are correctly registered with the most important authorities.
- Regularly check whether there are any pending notifications in DEHú.
- Make sure that the email address linked to your digital signature is correct. Do not allow your digital signature to be linked to an adviser’s email address without clear agreements.
- Forward any DEHú notification immediately to your adviser or lawyer. Do not wait until day 9 or 10: sometimes the certificate, the browser or the portal itself does not work properly.
Recovery of notifications not received
If a notification from the authorities has not reached you but has nevertheless produced legal consequences, the matter is not always lost. There is extensive case law on incorrect or careless notifications. If the authorities have not acted with the required diligence, the consequences can sometimes be reversed. But one rule is important: do not wait. The sooner you react, the greater the chance of correcting the situation.
Federico Espinosa