19. July 2016

The Electronic Mailbox

On the 1st of November 2013 the Act on Electronic Form of the Performance of the Scope of Public Authorities (the e-Government Act) (hereinafter the “Act”) entered into force.

The Act regulates the basis of the electronisation of the government and introduces electronisation of the services. The goal of the Act is to reach full electronisation of the performance of the public authorities in the way that the personal contact or documentary contact is not necessary. The Act allows electronic submission of every official filling (notification, decision, petition), the Act also allows the electronic payment of the fees. For this purpose every legal entity, branch of the legal entity, every individual and every individual – entrepreneur will have its established electronic mailbox, which can be used to deliver and to send the official documents, provided the electronic mailbox is activated. This is the most essential change established by the Act.

Activation and deactivation of the mailbox

On the 1st of August 2016 the electronic mailbox of the legal entities (excluded individuals and individuals – entrepreneurs) will be automatically activated and the public authorities will be entitled to deliver official documents to such mailboxes. The activation will be free of charge and there will be no need for further steps from the legal entity to activate the mailbox.

It needs to be borne in mind that the Act does not differentiate between legal entities; neither provides exemptions, thus every entity which is considered as the legal entity pursuant to the Slovak law will have its established and automatically activated electronic mailbox.

As of  the day of the publication of this memorandum, the Government Office of the Slovak Republic, as the administrator of the modules of the electronic mailboxes, published the information that the activation of the electronic mailboxes for the legal entities will be placed in two phases in the way that if the legal entity logs to its electronic mailbox after the 1st of August 2016, this login will be considered as the activation of the mailbox, i.e. from this date it will be possible to deliver official document to such mailbox. If the legal entity does not log to its mailbox by itself, the electronic mailbox will be automatically activated on the 1st of January 2017 without the need for further steps from the legal entity. In general this means the postponement of the term of the activation of the electronic mailbox. It needs to be underlined that this postponement stems only from the information of the Government Office of the Slovak Republic published on its website and as of the day of the publication of this memorandum, such postponement does not have any basis in the legislation.

Unlike in the case of legal entities and branches of the legal entities whose electronic mailboxes will be activated automatically, the activation of the mailboxes of the individuals (individuals – non-entrepreneurs and individuals – entrepreneurs) will require their previous request for activation. The administrator of the electronic mailboxes will activate the mailbox up to the day stated in the request.

Based on the request the individuals are allowed to deactivate their electronic mailbox after its activation. Legal entities will not have the option to deactivate their electronic mailbox.

Login to the mailbox

The owner of the mailbox, or the authorized person, can log to the mailbox through the combination of the identificator (identifikátor) and autentificator (autentifikátor). The identificator of the individual is the name, surname and the personal identification number; the identificator of the legal entity is the identification number (IČO). The autentificator of the individual is the ID card with electronic chip and security personal code, which will be used by individual to log to the mailbox. The statutory body or member of the statutory body of the legal entity is the individual entitled to log to the mailbox of the legal entity on its behalf. The statutory body or its member will use its own ID card with the electronic chip.

Besides the abovementioned login data the person willing to log to the mailbox will be obliged to have the so called reader of the ID card.

Pursuant to the Act every individual has as many electronic mailboxes as many legal statuses he/she poses. For example, the executor will have 3 electronic mailboxes established, first as the individual, second as the public authority and third as the entrepreneur. The member of the board of directors of the joint-stock company will have at least 2 mailboxes, one as the individual and the second mailbox due to his/her status of the statutory body (its member) of the legal entity, which has established mailbox. As long as the same individual is the statutory body (its member) of 10 legal entities, besides the mailbox established for him/her as an individual, he/she will have 10 other mailboxes, one for each legal entity.

Delivery

The delivery of the official document to the electronic mailbox will have the same legal effects as its delivery in the classic way in the documentary form.

In case of delivering of the documents delivered into the own hands, the addressee is obliged to confirm the delivery of the electronic official mail by means of the electronic delivery report, the confirmation of the delivery is the condition for the access to the content of the mail delivered to the electronic mailbox. The confirmation of the delivery will be possible through the function of the mailbox and the moment of the confirmation will be considered as the moment of the delivery. In case the addressee does not confirm the delivery of the mail delivered into the own hands, it can be considered as delivered after the deadline set for its acceptance.

Mails which are not delivered into the own hands will be considered as delivered on the next day after the day of their deposit in the electronic mailbox.

Authorization to access the mailbox

Both individuals and legal entities are entitled to grand the authorization to the other subject for the disposal with their electronic mailbox, i.e. mainly for access to the delivered mails and to send mails. Granting of the authorization to the individual who has the Slovak ID card with electronic chip is in principle the only possible way how to log to the electronic mailbox for the legal entity in which all members of the statutory body are foreigners and  do not have Slovak ID card. This authorization may be granted in the documentary form with the authorized signature.

The electronic performance of the government by public authorities

If there are technical obstacles on the side of public authorities for which they are not capable to perform their duties in the electronic way, the Act stipulates that such public authorities are not obliged to comply with the Act for period of 3 years from the date when the Act entered into effect, i.e. to the 1st of November 2016. From this day, the latest, it will be possible to accept and sent documents to the public authorities in the electronic form. The Government Office of the Slovak Republic will publish the list of the addresses of the public authorities on its Central Government Portal.