Farewell blue envelopes: notices to be served on the internet
A significant new legislation for businesses and legal entities registered with the Commercial Register.
Unpretentiously called "data boxes" (in Czech, datové schránky), Act No 300/2008 provides for a far-reaching change in the relations between public administrations, citizens and businesses. This ambitious e-government project mandates the vast majority of the Czech public administrations to serve notices via internet, instead of the postal service. The "blue envelopes", which marked the era of the postal service notifications, are thus set to disappear.
In order to implement the project, the Ministry of Interior has created a data box for each company registered with the Commercial Register. Login data are being sent to the company's directors, who must pick them up in person from the relevant post office. Should they fail to do so, the data box will be automatically activated on 1 November 2009.
All notices served through data boxes are deemed to be delivered upon recipient's login. If no login occurs, the service is deemed to be legally made with the elapse of 10 days from the date on which the relevant document has reached the data box. For instance, if a company receives an administrative act providing for a 10-day deadline, the term commences on the date on which its director (or any other authorised subject - see below) has logged in the data box, irrespective if he or she has opened the relevant file after such date. If no person logs in within 10 days, the service is deemed to be legally made on the 10th day.
Companies' directors need not to personally log in the data boxes. They may authorise "administrators" and "entrusted subjects" to do so on their behalf. While the former may delegate their authorisations, the latter may not. The authorisations may be shaped differently - for instance, a director may authorise to read also notices to be served in person (for instance, court orders for payment).
Data boxes can be used to send, too. This will enable business to send applications and file documents, although only where allowed by "the nature" of such document - for instance, not when an application must bear the seal evidencing its duly filing with an office (as in the case of a purchase contract of real estate to be attached to the application for registration with the Cadastre).
Businesses are recommended to pay appropriate attention to this new legislation and to ensure frequent login to their data boxes. More information (in Czech language only) are available on the official website www.datoveschranky.info.
Massimiliano Pastore