Is an e-registered letter legally valid?

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

The Electronic Registered Letter (ERL) to the same legal value that of a registered letter in paper form, provided that it meets certain conditions.

What is an e-Rep?

A registered letter in electronic format is a dematerialized version of a registered letter in paper format.

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

For example:

  • The recommended procedure is mandatory for the notification to an employee of a disciplinary sanction, the termination of a residential lease, the application for renewal of a commercial lease.
  • It is optional, but recommended, for a recovery letter for an unpaid rent, a maintenance payment not paid, a promise to hire.
How does it work?

The registered agent's sender chooses an operator on an online platform that handles the routing.

The sender shall deposit his letter on that platform.

They have to fill out a form and pay for the routing through a secure site.

The operator notifies the recipient that it will receive a registered message.

If the addressee is not a professional, he may at that time refuse the electronic format and require a paper format.

The recipient, if he accepts, is then asked to log on to the platform to see his recommended message.

FYI  

the ministry in charge of the economy publishes a practical guide to the ELA.

What legal value?

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

  • The provider responsible for routing shall be responsible for the correct identity of the consignee and the sender
  • The dates of dispatch and receipt of the letter must be guaranteed and verifiable
  • If the addressee is not a professional, his prior consent is required (in case of refusal, the sender must send the registered document in paper format)

The operator in charge of the routing delivers to the sender a proof of the deposit 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 voucher will be sent to him.

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

The operator shall inform the consignee that he may accept or refuse the recommended one within 15 days of the day following that information.

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

If the sender requests an acknowledgement of receipt, the operator shall inform him of the acceptance or refusal of the consignee. He shall make available to him proof of refusal, non-complaint or acceptance 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.

FYI  

Only qualified service providers can provide the electronic registered dispatch service. To find a provider, you can consult the list published on the website of theSo: titleContent, under the heading "Electronic registered delivery service".