Data Boxes - News to Affect Almost Everyone

Over the past decade, data boxes have become a broadly used communication channel between businesses and other members of public on the one side and government agencies and other public authorities on the other and may be expected to become increasingly more popular also in private communication between businesses and individuals, whether in commercial or private matters. The reason is easy to understand. Data boxes represent an effective instrument that facilitates the digitisation also in the private sphere and permits faster and frequently also more efficient communication between data box holders. In addition to being used as an instrument for the service of documents from public authorities or for the delivery of documents to public authorities, data boxes may also be utilised in communication between private individuals, self-employed persons, and legal entities. And it is the last of those functions that has been addressed by the recent changes.

Until 31 December 2021, the legal fiction of delivery applied only to data messages served by public authorities. In practical terms, if the message recipient did not login into its data box within ten days from receiving the message, on the tenth day, the message was regarded as having been served even if the recipient did not login or did not read the message. Starting from 1 January 2022, the fiction of delivery will apply to any data messages, even if sent by private entities rather than public authorities. This includes documents such as invoices or contracts exchanged in the normal course of business, or even simple messages or other documents between spouses or friends. An excuse such as “We have never received your invoice because we did not check the data box,” will no longer stand ground.

This will affect the potential resolution of pre-litigation demand letters or cease and desist letters, and perhaps even more importantly, the collection of invoices, since through the application of the fiction od delivery, the right to claim late payment interest will arise immediately if an invoice is not paid in time. At the same time, the amended Act will make all data boxes available for the delivery of private messages effective from 6 February 2022. Only the persons who have set up a data box voluntarily at their own request, i.e., private individuals, will be able to opt out of the changes introduced by the new Act.

Another substantial change will come into life in 2023. In that year, data boxes will be established automatically for

The automated creation of the data box will be preceded by a notification. The persons affected therefore do not need to worry that they will not learn about their new data box in time.

The foregoing changes are a part of the digitisation efforts of the state. It is certainly true that so far, the potential of the data boxes in private communication has been greatly underutilized. In our opinion, the changes brought about by the amended act are not a cause for worry. But it is also important to acknowledge the significance of the legal fiction of delivery and its consequences in legal transactions and adopt the appropriate measures in time.