The digitalisation of administration is one of the biggest challenges in Germany. The Online Access Act (OZG) obliges all authorities to provide administrative services digitally. IT and digitalisation officers must ensure that the digital exchange functions both informally and in a legally compliant manner. But how can this be implemented technically?
1. Why the separation of informal and formal communication can make sense
Local authorities are challenged with the task of making digital services easily accessible and barrier-free for citizens. At the same time, there are formal requirements that only permit certain administrative acts with a qualified electronic signature or via secure identification procedures, cf. section 36a para. 2 SGB I.
Informal communication: Often simple administrative actions such as enquiries, simple appointment bookings, general information.
Formal communication: Mostly administrative acts, such as notices, objections, application procedures with proof of identity. In general, the administrative act does not require a specific form, but it is often prescribed, see § 24 para. 2 sentence 1 WoGG.
It is precisely the non-formal administrative procedure (Section 9 SGB X) in combination with the social administrations' obligations to act under Sections 16 (3) and 17 SGB I that requires simple, expedient and swift communication in order to take sufficient account of the protective concept of the regulations. The fact that most state platforms already require identification mechanisms that replace the written form for informal applications and communication does not fulfil this requirement of non-formality.
2 Technical solutions for the separation of communication channels
One solution could be a two-stage architecture that is user-friendly for citizens and at the same time fulfils the legal requirements. There are various technical solutions to enable a clear separation between informal and formal communication:
Low-threshold portals for informal communication: A web form or a service platform where citizens can make general enquiries without identification.
Identified access for form-based processes: This is where BundID, BayernID or De-Mail come into play. These enable secure authentication and the transmission of documents with a written form requirement.
Such hybrid solutions can create an optimal balance between the obligations of social institutions and compliance with legal requirements. Citizens then receive a simple e-mail or SMS notification if an official written notification is available in a secure portal (with identification requirement).
3 Requirements for technical implementation
IT service providers must ensure that digital administration platforms are
Are interoperable with existing OZG solutions,
Offer secure authentication options (eID, De-Mail, ELSTER) where necessary,
Work in compliance with data protection regulations in accordance with GDPR/ §§ 67 a ff SGB.
4. best practice: LeistungsLotse as a model for digital administration platforms
LeistungsLotse provides citizens with easy access to social welfare organisations. With comprehensible explanatory texts, a step-by-step application process and verification mechanisms for various benefits, low-threshold access is created for informal communication, while formal communication can be accessed via a separate but integrated access point. This is the first time that the protection concept of Section 9 SGB X and Sections 16 et seq. of SGB I has been adequately taken into account
Conclusion
Digital administration requires technical solutions that are secure, legally compliant and user-friendly. Municipalities that invest in a future-proof IT architecture will not only fulfil the requirements of the OZG, but will also work more efficiently in the long term.
Your contact for digital administrative processes
Municipalities, federal states and institutions face a variety of challenges when implementing digital administrative processes. LeistungsLotse supports you with practical advice and customized solutions. If you need support with digital implementation, we are on hand with help and advice. Contact us – together we can create a modern and efficient administration!