Mandatory electronic mailboxes for corporations have been launched
Mandatory electronic mailboxes for corporations, intended for communication with public authorities have definitively been initiated, effectively from 1 July 2017. After several postponements in the past (last one through the Act no. 374/2016/Coll. which amends the Act on the e-Government), only now the mandatory activation was finally realized.
Whom does it concern?
Mandatory activation concerns all entities enrolled in the Slovak Commercial register, i.e. all business corporations, including the branches of foreign legal entities. All concerned subjects were offered the transitional period from 1 August 2016, during which they could have activated the mailbox on voluntarily basis, followed by mandatory activation on 1 July 2017.
In relation to legal persons which are not registered in the Commercial Register (civil associations, foundations, non-profit organizations, etc.), the automatic activation of the mailboxes is expected on 1 May 2018.
The measure does not apply to natural persons, whether in the position of citizens or entrepreneurs (tradesmen). The gradual introduction of mandatory electronic communication with the state in relation to them is planned for the future, but so far without any specific timeline for the near future.
Practical aspects regarding the access to mailbox
Any persons acting in the position of a statutory body of the corporations were obliged to provide themselves with the new ID with an electronic chip, which is accompanied with personal security code and allows the access into the electronic mailbox. Mailboxes were automatically established by the state, free of charge. According to the information from Office of the Deputy Prime Minister for Investments and Informatization, approximately 60% of statutory representatives have dully fulfilled this obligation.
The state has offered the businesses a possibility to authorize third persons to access the mailbox, by means of power of attorney with certified signature. This solution is applicable for foreign nationals, who do not posses either Slovak ID or residence card. Foreign nationals are also able to use so-called alternative authenticator, issued by Ministry of Interior (Foreign Police Departments), which represents an additional type of an electronic card designed for accessing the mailbox. Mailbox itself is accessible via www.slovensko.sk portal, and in addition to the above-mentioned details, an electronic card reader and the corresponding software are also required.
Purpose and use of the electronic mailbox
Mailboxes are intended to replace the traditional written communication with public authorities and postal deliveries.
Entities with activated mailboxes are not legally obliged to communicate with the state electronically and are still permitted to use traditional paper form, but the public authorities should deliver official mail (including court and other decisions) to the entities concerned only in their electronic mailboxes from 1 July 2017 onwards. Since the decisions sent to the mailbox in an electronic form have the same legal consequences (including statutory time periods) as a decisions sent in a paper form, it is therefore necessary to regulary check the mailbox for the incoming mail.