Mandatory activation of electronic mailboxes for delivery means that the process of activating electronic mailboxes of legal entities is initiated directly by law, i.e. automatically.
No action by the mailbox owner is required to initiate mandatory activation. The electronic mailbox is activated by the administrator of the electronic mailbox system (the Office of the Deputy Prime Minister of the Slovak Republic for Investments and Informatization).
Mandatory activation of electronic mailboxes of legal entities for delivery does not, in itself, impose an obligation on a legal entity to communicate electronically with public authorities. However, activation for delivery enables public authorities to deliver official decisions to the mailbox, even where the proceedings before the public authority were initiated in paper form.
The activation of electronic mailboxes of legal entities was carried out gradually. The applicable legislation distinguishes between two dates for mandatory activation of mailboxes, depending on whether the legal entities:
More information about the process of activating electronic mailboxes of legal entities for delivery can be found in the article “Process of Activation of Electronic Mailboxes of Legal Entities.”
In order to access an electronic mailbox, check delivered messages and decisions, and communicate electronically with public authorities, you need:
If you also want to use your identity card to create a qualified electronic signature, you must request that a qualified certificate be uploaded to its electronic chip. In the electronic environment, a qualified electronic signature replaces a handwritten signature used in paper-based official procedures.
The statutory representative of a legal entity automatically has access to its electronic mailbox. The statutory representative may also grant access rights to other persons.
A request for access to an electronic mailbox may be submitted electronically using the mailbox function or in paper form by completing the relevant form available in the Forms Opens in a new windowsection.
For authentication when logging in to the mailbox, only the following may be used:
If the statutory representative of a legal entity is a foreign national,Opens in a new window access to the legal entity’s electronic mailbox may be obtained by:
If an electronic mailbox is activated for delivery, public authorities may deliver correspondence to it, including electronic official decisions. Electronic messages and documents may be delivered to the mailbox either under the ordinary delivery regime or into the recipient’s own hands. Special legislation determines which documents public authorities are required to deliver into the recipient’s own hands.
Delivery into the Recipient’s Own Hands with Deemed Delivery - when a decision is delivered into the recipient’s own hands pursuant to the e-Government Act, deemed delivery applies.
An electronic message is deemed to have been delivered either upon confirmation of the delivery receipt or upon expiry of the storage period. If the delivery receipt is not confirmed during the storage period of 15 days, the message is deemed to have been delivered upon expiry of that period.
The storage period is 15 days and begins on the day following the day on which the message is received in the recipient’s electronic mailbox.
Where a public authority delivers a document into the recipient’s own hands pursuant to special legislation, the recipient will only be granted access to the contents of the message after confirming (authorising) the delivery receipt. Confirmation of delivery is a prerequisite for accessing the contents of the electronic message.
If the delivery receipt is not confirmed during the 15-day storage period, the message is deemed not to have been delivered upon expiry of that period. The storage period is 15 days and begins on the day following the day on which the message is received in the recipient’s electronic mailbox.
If special legislation provides for different conditions of delivery, storage periods, or different legal effects of the expiry of the storage period from those described above, the electronic official document must be sent using an individually created decision form.
Ordinary Delivery - where delivery into the recipient’s own hands is not required, the message is deemed to have been delivered on the day immediately following the day on which it was stored in the electronic mailbox.
The e-Government Act also provides for situations where, for objective reasons, the recipient of an electronic message was unable to receive the message and become acquainted with its contents. For this purpose, the Act provides for the legal concept of ineffectiveness of electronic delivery.
Information on how to submit a request for electronic delivery to be declared ineffective can be found in the relevant instructionsOpens in a new window for legal entities.
