Legal News

Delivery to electronic mailboxes of selected subjects

Electronic delivery and its implications:

According to currently upcoming amendment to the Act on e-Government (the “Amendment”)[1] it is proposed that, as of 1 July 2017 it shall become possible to electronically deliver to legal persons and registered branches with their seats in Slovakia (only as “Subjects“) any official correspondence from courts, commercial registers, ministries, district offices, Social Insurance Company or other public authorities, by way of a delivery to a so called electronic mailbox (the “EM”).

Even, in case that the Subject does not get acquaint with the delivery of the electronic official correspondence, such correspondence will be considered delivered:

  • in case of delivery to the addressee only (in Slovak: “do vlastných rúk”), by lapse of a delivery period of 15 days starting as of the day following the day of correspondence’s deposition in the EM (provided the subject does not confirm the delivery earlier);
  • in case of a “standard” delivery, on the day following the day of correspondence’s deposition in the EM.

Due to the fact that several legal periods might be linked to the date of delivery (e.g.: period for an appeal or period to fulfil an obligation), in case of a failure to read the electronic official correspondence during the delivery period, adverse legal consequences could result therefrom for the Subjects.

How to log in to the EM

 

For a log in the Subject needs to dispose of the following:

  • an ID card with an electronic chip issued by police district headquarters (“Police“) (in case of foreigners see below), 
  • a personal safety code and a card reader (issued by the Police), an appropriate software (available via the following link).

Automatic activation in case of failure to log in to the EM

 

In case the Subject does not activate its EM until the end of June 2017, the EM will become automatically activated on 1 July 2017.

According to the Amendment, as of 1 July 2017, Subjects’ EMs shall be activated for delivery automatically even without previous log in and the official correspondence from state authorities could be delivered to these EMs with the consequences as described above.

If a statutory body of the Subject is a non-citizen

 

The Law specifies the way of activation and use of EM depending on whether the statutory body of the Subject is a national of other EU country or of a country outside the European Union:

  • National citizen of other EU country with residence card of the EU citizen: the EU citizen with the right to stay in Slovakia granted and registered by the respective immigration police (the right to stay in Slovakia for a period longer than three months), is authorized to ask the relevant immigration police department for issuance of a residence card with electronic chip and personal safety code, which are needed to log in to the EM. 
  • National citizen of other EU country without residence card of the EU: in case the EU citizen has not been granted a right to stay in Slovakia, it will be necessary, in order to log in to the EM, to get a so-called alternative authenticator (a specific card with electronic chip issued and delivered by the Police). The form and information about issuance of the alternative authenticator shall be governed by the upcoming Decree of the Ministry of Interior.[2]
  • Third country citizen (national of non-EU country): In this case, in order to log in to EM, it will be necessary to acquire at the appropriate immigration police headquarters a residency permit certificate with a chip or to grant a power of attorney entitling a third person to administer the EM.

Possibility to authorize a third person for the EM administration

It is possible to grant a power of attorney to a third person (i.e. the person different from the statutory body of the Subject) to access and administer the EM, through an application for granting of access and administration authorisation to the EM by a third person, in which the extent of this authorisation will be specified. The signature on the application will have to be officially certified (in case of its execution abroad, apostille or superlegalisation may be further required).

Granting the power of attorney to a third person (natural person or legal person) could be also done at a later date through an electronic form located directly in the EM.

Notification options

Subjects interested in receiving notifications on the electronic delivery can register for free and choose the form of their delivery (via SMS or email).

If the Subject choses the option to receive notifications, immediately after the delivery of an official correspondence to the EM, the notification containing, among other data, also the date of termination of the delivery period, will be sent to the Subject.

 

[1] According to the currently effective Act No. 305/2013 Coll. on electronic form of execution of public authorities’ competencies and on change and amendment of several acts, as amended (the Act on e-Government) the Subjects are obliged to activate their EMs until the 31 December 2016 at the latest. However, the Slovak Government has prepared the Amendment that would postpone the deadline of the EMs’ activation from 31 December 2016 to 30 June 2017. It is expected that this Amendment will be adopted by the Slovak Parliament and will thus become effective.

[2] Since the decree has not yet entered into force, the Government Office of Slovak Republic recommends to all statutory bodies of the Subjects without the EU citizen residence card to grant (in case of need until commencement of issuance of alternative authenticators) necessary authorisation to a third person, who would dispose of an ID card or residence permit certificate with an electronic chip, a personal safety code and a card reader, required for activation and use of the EM.