Regulations on Electronic Legal Communication (RER) - Scope (RER)

1. This regulation governs the modalities of electronic legal communication between the parties and the following authorities

a. Higher Court;

b. Administrative Court;

c. Cantonal Court;

d. Conciliation Authority;

e. Public Prosecutor's Office;

f. Debt Collection Office;

g. Bankruptcy Office.

2. The provisions of the Swiss Code of Civil Procedure[3] and the Ordinance on Electronic Transmissions in the Context of Civil and Criminal Proceedings as well as Debt Collection and Bankruptcy Proceedings[4] shall apply mutatis mutandis to the Administrative Court.

3. For electronic legal communication from foreign delivery domiciles or to such domiciles, the law of international treaties shall be reserved.

1. In this regulation, the following terms mean

a. Documents: Written records of an authority or party;

b. Party: Litigants and/or their legal representatives;

c. Delivery Platform: Electronic mail service that provides receipts indicating the time of electronic transmission and offers electronic mailboxes;

d. Electronic Mailbox: A mailbox set up on the delivery platform, where electronic messages are made available for retrieval;

e. Recognized Electronic Signature: ZertES-compliant digital signature.

1. Authorities and parties participating in electronic legal transactions are required to use the services of the recognized delivery platform and register there.

2. The Federal Chancellery publishes a directory of authority addresses and the delivery platform recognized by the authorities on the internet.

1. Electronic submissions by the parties must be sent to the delivery addresses published by the Federal Chancellery.

2. The parties shall submit their documents to the authority in PDF format and, as required under Article 6 of the Transmission Ordinance, in a structured form.

3. Documents requiring a signature must be furnished with a recognized electronic signature.

4. In the case of electronic transmission, a deadline is met if receipt at the authority's delivery address has been confirmed by its information system no later than the last day of the deadline.

1. The authority must print every document submitted in electronic legal transactions. The provisions of Article 13 of the Transmission Regulation apply to this medium transfer.

2. The higher court may allow the authority exceptions from the obligation to maintain records in paper form for important reasons.

1. The authority maintains a register, which shows which parties have explicitly given their consent for electronic deliveries and to which email addresses deliveries can be made.

2. If the authority delivers a document to a party electronically, it must scan the original document, which is signed by hand, and affix its electronic signature. At the same time, the authority must provide confirmation that this document corresponds to the original document, as well as the processing date, and the name and first name of the executing person.

3. The authority transmits its documents in PDF/A format, with attachments in PDF format.

4. The document will be made available to the party in an electronic mailbox on the delivery platform for collection. The system may send a collection notification via email.

5. Delivery is deemed to have occurred at the time of downloading from the delivery platform. A document that is not downloaded is considered delivered no later than the seventh day after it has been made available.

1. For electronic legal communication within the framework of the eSchKG network, the specific provisions pursuant to Art. 14 of the Transmission Ordinance apply.

1. Liability is excluded if the delivery platform does not confirm receipt of the notification in a timely manner. The exclusion of liability applies both to the connection to the delivery platform and to the delivery platform itself.

1. This Regulation enters into force on January 1, 2011.