Law 19/2014, of December 29, on transparency, access to public information and good governance (LTC) is mandatory for certain subjects, including the local public sector of Catalonia formed by (art. 3.1.a and b LTC):
- Town halls
- Provincial governments
- Counties
- Metropolitan areas
- Commonwealths
- Decentralized Municipal Entities
- Local autonomous bodies
- Local public business entities
- Commercial companies with majority local participation (more than 50%) or linked to local entities
- Foundations of the local public sector
- Local consortia
The subjection of these entities to the LTC entails, among others, certain obligations of active publicity, that is, the obligation to make public, ex officio, certain public information contents detailed in the LTC (arts. 2.i., 8 to 12 LTC).
In the case of associations and foundations, it is necessary to take into account the provisions of Resolution JUS/1563/2015 , of July 6, which complies with the seventh additional provision of the LTC, relating to the active advertising obligations of these types of entities.
The active advertising obligations must be materialized through the so-called transparency portal which is the electronic platform and the basic and general instrument for managing public documents to comply with and make effective the transparency obligations of the LTC (art. 5 LTC).
In this sense, the AOC offers local public sector entities in Catalonia, under the terms of Law 29/2010, of August 3, on the use of electronic media in the public sector of Catalonia, a transparency portal service adapted to the requirements of the LTC.
The AOC transparency portal articulates the publication of information subject to transparency (arts. 8 to 12 LTC) through the following families:
- Institutional and organizational information (political organization, personnel, entities and other bodies).
- Economic management (budgets, tax and economic management, assets and subsidies).
- Government action and regulations (acts, agreements, edicts, calls, regulations, plans and strategies).
- Contracts, agreements and subsidies (contractor profile, minors, bodies and collaboration agreements).
- Catalog of services and procedures (offer of services and procedures made available to citizens).
- Citizen participation
In the following link you can consult the families and the items that each one includes.
Not all items are applicable to all entities subject to the LTC. For this reason, before requesting the AOC transparency service, you must carry out the following legal analysis:
- Determine the legal nature of your entity (e.g. city council, autonomous body, commercial company with majority local participation or linked to local entities, etc.). In doubtful cases, consult the entity's statutes.
- Determine whether your entity has any relationship of dependency or linkage with another entity in the local public sector. If so, check whether the entity you depend on (parent entity) assumes all or some of your entity's active advertising obligations.
- Based on the answers to the previous two points, analyze which items you need to publish on your transparency portal.
Remember that, as you can see in the following link, the items are customizable and new ones can be created .
The content of the items is based on two types of data:
- Manual data: this is data that users of the system should fill in themselves and may or may not have a structured format.
- Automatic data: these are data that the AOC Consortium has compiled from the databases of other organizations (e.g. official newspapers, Auditor's Office, etc.) and from the databases of services provided by the AOC Consortium (e.g. e-board, contractor profile, etc.). They may have a structured format in open data or with redirects.
To request and have access to the AOC transparency portal service, you must first be a member of EACAT (Extranet of the Catalan Public Administrations), since both the request and the management of the transparency portal can only be made through EACAT.
3.1. What to do if the entity is not affiliated with EACAT: request membership.
To apply to join EACAT you must follow the steps you must follow the instructions you will find in How to join EACAT?
3.2 What to do if the entity is already affiliated with EACAT: request your transparency portal.
- Download the form through EACAT > “Processes” > “Catalog of procedures” > search for the provider “Consorci AOC” > “Service request” > “Request for registration or modification of Open Government and e-TAULER services” (includes SEU-e and Transparency services).
- Fill out, validate and electronically sign the form.
- Once validated and signed, the form will be sent automatically by pressing the “send” button.