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News & Media

Obligation to Activate the Electronic Mailbox Postponed

Date: 29/07/2016

The so-called “obligatory” activation of electronic mailboxes, effective as of 1st August 2016, has been established by the still legally binding and effective wording of Section 60 Subsection 10 of the Act no. 305/2013 Coll. on the Electronic Form of Governance Conducted by Public Authorities and on amendments and supplements to other acts (Act on e-Government) as amended, and is applicable to legal entities and registered branches of legal entities. In practice it means, that as of August it is supposed to be possible to send official decisions to the electronic mailboxes of legal entities and registered branches of legal entities in an electronic form. A decision sent to the mailbox in an electronic form has the same legal effect as a decision sent in a paper form.

Electronic mailboxes are created on the Central Government Portal (“Ústredný portál verejnej správy“  in Slovak) at the webpage www.slovensko.sk continuously from the 31st January 2014 whereas they have not been activated automatically by 1st August 2016. The process of electronic mailbox activation will start from 1st August 2016 and it is obligatory for legal entities and registered branches of legal entities.

Recently a Government Bill on Trustworthy Services and on amendments and supplements to other acts to the proceedings of National Council, which intends to postpone the obligatory activation of electronic mailboxes until 1st February 2018 has been submitted to the Parliament. However, it has not been passed by now.

On 11th July 2016, the Office of the Deputy Prime Minister for Investments and Informatization issued a “Guideline for Process of Activation of Electronic Mailboxes Pursuant to Section 60 Subsection 10 of the Act on e-Government” and in accordance with its wording, the process of so-called “obligatory” activation of electronic mailboxes shall be postponed in the following way:

  • The activation process shall be commenced on 1st August 2016 even without application of the  electronic mailbox owner by the act of the Government Office of the Slovak Republic, which shall, by a technical measure, allow messages to be delivered to electronic mailboxes from the moment the process of electronic mailbox activation has been completed,
  • The process of electronic mailbox activation completes when a person authorized to access and deal with the electronic mailbox logs in to his/her mailbox for the first time, however, by 1st January 2017 at the latest.

The electronic mailbox of legal entities and registered branches is thus activated in the moment when one of the following situations occur first:

  • the first access of a person authorized to access and deal with the mailbox on behalf of the legal entity or registered branch after 1st August 2016, or
  • 1st January 2017.

The person´s first access means the first login on behalf of the legal entity or registered branch of legal entity. We would like to draw your attention to the fact that after the mailbox is activated, also official decisions may be sent to the mailbox. Therefore, we recommend checking your mailbox regularly after the first login. As a single natural person may be authorized to access and deal with several electronic mailboxes, the obligatory activation shall concern the first access of a person authorized to act on behalf of a legal entity or a registered branch, and not the access of such a  person in a position of a natural person or a natural person of an entrepreneur.

The following entities are authorized to access and deal with the electronic mailbox on behalf of a legal entity:

  • statutory representative or a member of the statutory body of a legal entity for which the electronic mailbox has been created,
  • a person authorized by a statutory representative or a member of the statutory body of a legal entity for which the electronic mailbox has been created.

The following entities are authorized to access and deal with the electronic mailbox on behalf of a branch of legal entity:

  • manager of the branch and a statutory representative or a member of the statutory body of a legal entity whose registered branch is concerned,
  • person authorized by a manager of the branch or by a statutory representative or a member of the statutory body of legal entity whose registered branch is concerned.

Citizens of the Slovak Republic can log in to their electronic mailbox by their identity card with a chip and personal security code. Foreigners can do so by their residence permit card with a chip and personal security code.

A statutory representative, a member of the statutory body or a manager of a branch who is a foreign natural person and who has not been granted a residence permit (who thus does not have any identity card nor any residence card with an electronic chip), has to authorize a natural person - a citizen of the Slovak Republic, to fully access the electronic mailbox on behalf of a Slovak legal entity in the name of which he/she is authorized to act. An application for authorization to access the electronic mailbox shall be sent in a paper form with the certified signature of such foreign natural person to the following address of the Government Office SR:  Úrad vlády SR, P. O. BOX 11, Námestie slobody 1, 810 05 Bratislava 15.

If the signature is verified outside the Slovak Republic (in case of a signatory state of the Convention No.213/2002 Coll. on Abolishing the Requirement of Legalisation for Foreign Public Documents), the so-called apostille must be affixed to the application in a paper form, or in case of a non-signatory state of the Convention, the consular superlegalisation is required.

The authorization and modifications of the authorization are granted by the mailbox owner by means of a respective electronic mailbox function designed for this. However, this does not apply to a foreign natural person who is a statutory representative or a member of statutory body, who shall do so in a paper form only, as stated above. Detailed information on how to grant and set out the authorization to access and handle with the electronic mailbox can be found on the webpage www.slovensko.sk in the section “Návody” (Manuals) in the part devoted to legal entities.

To access the mailbox is possible through the button “Log In to the Portal” (“PRIHLÁSIŤ SA NA PORTÁL” in Slovak) in the upper right corner of homepage of www.slovensko.sk. Login to the portal is only possible with an identity card with a chip, a reader of cards with a chip and by entering a personal security code. Before the first login, it is necessary to install the application “eID Klient” (eID Client) which is available in the Download section.

 

Mgr. Noémi Polák
Senior Associate
T + 421 (0) 2 32 333 432
E noemi.polak@rc-cms.sk

JUDr. Adriana Kováčiková
Partner
T + 421 (0) 2 32 333 432
E adriana.kovacikova@rc-cms.sk