What is the legal framework for registered emails?
IPEX N.V. offers a secure digital solution for sending and receiving important documents: an email process with a high level of security and the efficacy of a totally digital procedure.
- What is the legal framework?
The eIDAS Regulation no. 910/2014 (Regulation (EU) no. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC), is designed to reinforce confidence in electronic transactions in the internal market.
The Regulation provides a common foundation for secure electronic interactions between citizens, businesses and public authorities, thus improving the efficacy of public and private online services, as well as economic activity and electronic business within the European Union.
The eIDAS Regulation outlines two versions of the registered email service:
- The “electronic registered delivery service”: a service whereby data can be transmitted between third parties electronically, with evidence relating to the processing of the data transmitted, including proof that it has been sent and received, and that protects the data transmitted against the risks of loss, theft, damage or any unauthorised alterations;
- The “qualified electronic registered delivery service” is an electronic delivery service that fulfils the additional security, authenticity and integrity requirements stipulated in article 44 of the eIDAS Regulation.
- Which service does Ipex offer?
Ipex currently only offers the non-qualified electronic registered delivery service, but IPEX will soon also be able to offer the qualified electronic registered delivery service.
Depending on the application and the level of certainty versus the ease of use, the end user of the service will soon be able to choose which version they want, whether they are the sender or the recipient.
- What are the legal effects of the electronic registered delivery service?
According to the eIDAS Regulation, the legal effect and admissibility of registered emails that you send via IPEX cannot be refused if the only reason for the refusal is that this service is electronic.
In the event of a dispute, a court may be asked to check to make sure a registered email complies with the definition given in the eIDAS Regulation.
IPEX’s products fulfil every aspect of this definition:
They allow the electronic exchange of data between third parties and let the sender prove that the following elements are present, thanks to logs and timestamping:
- The message has been sent to IPEX by the sender
- The recipient has been notified by IPEX that the message exists
- The recipient has rejected the message
- The recipient has accepted the message
- The message has been sent to the recipient
- The message has been delivered to the recipient
In addition, the product protects the data transmitted against loss, theft, damage or alteration by unauthorised individuals. The hash function allows the recipient to check to make sure that the message they have received is exactly the same as the one sent by the sender. IPEX also offers a high level of security, including ISO 27001:2013 certification. Security is an important aspect of the service. The security measures taken for IPEX’s service are outlined in the Security section.
According to an audit by ICTRecht, “the use of Aangetekend Mailen (registered email) means that you can prove that an email with identifiable content has been sent by a verified sender at a given time by an independent third party and then picked up by the recipient. In the circumstances analysed, sending a message by registered email provides adequate proof to comply with the burden of proof on the sender for an email if it is disputed by the other party”.
- How is my data protected?