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Is an e-registered letter legal?

Verified 22 February 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

The electronic registered letter (EAR) same legal value a letter recommended in paper format, provided that it meets certain conditions.

What is an electronic recommended?

An electronic registered letter is the dematerialised version of a paper registered letter.

It can be used in same situations than the paper version.

For example:

  • The recommended form is mandatory for the notification to an employee of a disciplinary sanction, the cancellation of a residential lease, the request for the renewal of a commercial lease.
  • It is optional, but recommended, for a letter of recovery for unpaid rent, unpaid alimony, a promise of employment.
How does it work?

The sender of the recommended selects an operator on an online platform that handles the routing.

The sender places his letter on this platform.

He has to fill out a form and pay for the delivery via a secure site.

The operator notifies the recipient that they will receive a recommended message.

If the recipient is not a professional, he or she may refuse the electronic format and require a paper format.

The recipient, if they agree, is then asked to log on to the platform to see their recommended address.

FYI  

the ministry responsible for the economy publishes a practical guide to the EAR .

What legal value?

To be legally valid, sending an electronic registered letter must meet 3 conditions:

  • The forwarding provider shall be responsible for the correct identity of the consignee and the sender
  • The delivery and receipt dates of the letter must be guaranteed and verifiable
  • If the recipient is not a professional, prior approval is required (in case of refusal, the sender must send the recommended document in paper format)

The forwarding operator shall provide the consignor with proof of the submission of his letter via an email. This evidence must be kept for at least one year.

Before sending, the operator must inform the recipient by email, that an electronic recommendation will be sent to him.

When this information is provided, the recipient is not informed of the identity of the sender. He is informed when he agrees to receive the recommended.

The operator shall inform the addressee that it can accept or refuse the recommended document within 15 days of the following day of this information.

If the recipient agrees to receive the e-mail referral, the operator sends it.

If the sender requests an acknowledgement of receipt, the operator notifies him of the recipient's acceptance or refusal. Proof of refusal, non-claim or acceptance shall be made available to the applicant no later than the day following the 15-day period. This proof is an email that specifies the date and time of the refusal or acceptance.

The operator keeps this email for at least 1 year.

The sender has access to this information for 1 year.