Is an Electronic Registered Letter (ERL) legally valid?
Verified 16 February 2024 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
The e-registered letter to the same legal value that of a registered letter in paper form, provided that it meets certain conditions. You want to know how to send or receive an LRE, who routes it, and whether you can refuse it? We present you with the information you need to know.
A registered letter in electronic format is a dematerialized version of a registered letter in paper format.
An ERL 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.
- An individual
- A professional (such as a company)
Only the qualified trust service providers may 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 "E-mail registered mail service".
As the registered product sender, you must complete the following steps:
- Choose an operator on an online platform that handles routing
- Drop the letter on this platform
- Fill out a form and pay for routing through a secure site.
To send an LRE, you must prove your identity to the provider you have chosen and authenticate with them.
The operator in charge of the routing delivers you a proof of the deposit of your letter via an email. You must keep this evidence for at least 1 year.
FYI
The Ministry of Economy publishes a practical guide to the ELA.
In order to be legally valid, an EPL must complete 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 (i.e. an individual), prior approval is required (in case of refusal, the sender must send the registered document in paper format).
Before sending the LRE, the provider must inform the recipient by email that an electronic voucher will be sent to him. It must also inform the addressee that he can accept or refuse the recommended one, within 15 days from the day after this information.
3 possible hypotheses:
- The recipient agrees to receive the LRE: the operator sends it to him. The recipient is then prompted to log on to the platform to review its recommended sound. Only then is he informed of the identity of the sender.
- The recipient refuses to receive the LRE: the identity of the sender and the contents of the LRE are not disclosed to him. But the recipient can also, at that time, refuse the electronic format and require a paper format.
- The recipient ignores the LRE: in this case, the provider is informed after the 15 days from the day following the first notification.
Warning
The fact that the addressee of an LRE refuses or ignores it will not prevent it from being considered to have been a regular occurrence notified. For example: notifying an EPR is the starting point of a withdrawal period, whether this letter has been accepted or refused.
If the sender requests an acknowledgement of receipt, the provider shall inform him of the acceptance or refusal of the recipient. 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 provider keeps this email for at least 1 year.
The sender has access to this information for 1 year.
Before sending the LRE, the service provider does not have to inform the professional by email that an electronic voucher will be sent to him. Unlike an individual, the trader does not have to agree to receive an ELA.
On the other hand, once the ERL notification is received, there are 3 options (as an individual): accept, refuse or ignore the ERL.
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