Communication via data mailbox has new rules from 2022
The year 2022 brought major changes in the use of data boxes. As of 1 January, an amendment came into force that automatically sets all data box users to receive so-called postal data messages (PDZ). Let's explain in detail what the change actually is, what you should look out for and what benefits it brings to you.
In another article, we have already explained in detail what a data box is used for and what its advantages are. Now we will focus on the amendment to Act No. 300/2008 Coll, which introduces the institute of the so-called fiction of delivery also to private legal communication carried out via a data box.
WHO IS AFFECTED BY THE CHANGE TO DATA BOXES?
The amendment applies to all owners of data boxes - i.e. legal entities, businesses and "private" individuals. Currently, it is still the case that all legal entities registered in the Commercial Register, lawyers, tax advisors, insolvency administrators and all public authorities must have a data box. Other legal entities not registered in the Commercial Register, self-employed persons and natural persons are only allowed to set up data boxes at their own request.
HOW DID IT WORK BEFORE?
If you are one of the owners of a data box, you will probably be familiar with the so-called fiction of delivery. This means that a document is deemed to have been delivered on the 10th day from the day it appears in your mailbox, regardless of whether you have logged into your mailbox or not.
However, this method of delivery only applied to messages sent by public authorities (e.g. courts, tax office, etc.). You could disable the receipt of documents sent for "private purposes" in the settings until the end of 2021, or no fiction of delivery was applied to them.
WHAT ARE THE RULES NOW?
PRIVATE DATA MESSAGES AND DELIVERY BY FICTION
However, as of 1 January 2022, you must also receive private data messages via the data box. Anyone can send documents to your data box. Changes to your data box settings are made automatically without your intervention or consent.
In addition, the same rule as for communication with public authorities, i.e. the fiction of service, applies. This means that the message is deemed to have been delivered on the 10th day from the date of delivery to the data box, even if you have not logged into the data box and read the message.
The fiction of service does not apply only if it is excluded by another legal regulation - some documents, which are provided for by law, cannot be served by fiction (in particular, sensitive interventions into the rights of persons, e.g. service of a payment order, a resolution on initiation of criminal prosecution, an indictment, a motion for punishment). If the person does not log in to the data box, these documents are not served even by fiction.
PRACTICAL IMPLICATIONS OR WHAT TO WATCH OUT FOR
The moment you log in to your mailbox, every document is considered delivered, including those from a private entity. An example would be a pre-action notice or an invoice from your supplier. However, if you do not check your mailbox, the fiction of delivery applies with a 10-day deadline.
So it's really important to make sure you check your inbox so you don't miss some crucial deadlines. In the worst case, the message may be deleted. This will happen automatically after 90 days, unless you have activated the so-called data vault, so that messages are not archived in the data box.
FASTER COMMUNICATION AND COST SAVINGS
There are many benefits for you from this change. You can now send data messages to all users, including those who were banned from receiving private messages until the end of last year. This should improve the overall reachability of your recipients.
You will also appreciate the fact that in this way you can significantly save the costs associated with sending documents through the Czech Post. Printing documents, buying envelopes and paying for postage can be reduced to the bare minimum. Sending a postal data message costs CZK 5, while a regular registered letter costs less than CZK 50.
PLAN FOR 2023
A forthcoming change for 2023 is the automatic establishment of a data box for natural persons engaged in business immediately after registration in the relevant register or registry. The change will also apply to non-business individuals if they use electronic identification to log in to the National Identification and Authentication Point (NIA).
RECOMMENDATIONS AND CONCLUSION
If you are a legal entity or an individual doing business and you use a datacard on a regular basis, you must be familiar with its settings. Even so, we would like to point out that you can set up notifications for incoming messages.
In the "Settings" tab, in the "Notifications" section, we recommend that you select email or SMS notifications. You will be sure that you will not miss any message. Sending notifications by e-mail is free of charge, while your mobile operator will charge you CZK 3 for an SMS notification.
If you don't have time to check your mailbox regularly, use our mailbox management service. It doesn't matter if you need the service on a long-term basis or just during your stay abroad. We will check your mailbox regularly and let you know about anything important.