USING ELECTRONIC REGISTERED DELIVERY SERVICE - CHALLENGES AND REALITIES
Journal Title: Globalization, the State and the Individual - Year 2018, Vol 2, Issue 2
Abstract
At the end of the 20th century and the beginning of the 21st century, digitization and technology seemed to peak in popularity. Public relations between the administration, citizens and legal entities are increasingly emerging from the era of "paper" and entering the era of digitization. An era in which paper documents do not exist and all statements relevant to certain relationships are made electronically through various communication software and electronic documents that incorporate the will of the parties that created them. The adoption of Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic authentication and authentication of electronic communications in the internal market and repealing Directive 1999/93 / EC created new opportunities and challenges to certification service providers. The preamble of the Regulation explicitly states the desire to establish supranational norms that are valid for all EU Member States and for cross-border recognition of the electronic registered delivery service (ERDS). The provision of ERDS is seen not only as a means of facilitating business turnover and communication between citizens, legal entities or the administration but also as an opportunity to develop new pan-European services. ERDS will still develop and pose new challenges both to certification service providers and to the court that will value it as part of the relevant evidence presented in the case. However, its burden should not be absolutized and the court should also respect any other electronic correspondence that contains electronic statements about the facts relevant to the legal dispute. The burden of any electronic evidence should be assessed in accordance with Article 46 of Regulation (EU) No 910/2014, which explicitly recognizes the evidential value of the electronic document.
Authors and Affiliations
Gergana Varbanova
Keywords
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