Regulations on Electronic Communication in Administrative Proceedings (RCE-LPAmm) (V-EKVV)

1** This Ordinance governs the modalities of electronic communication between a party and an administrative authority within the framework of proceedings governed by the Administrative Procedure Act of 24 September 2013 (APA).

**2** This Ordinance is applicable to the communication of

a) written acts for the purpose of issuing a decision in accordance with Article 2 APA;

b) decisions in accordance with Article 2 APA.

Recognized transmission platforms are those recognized in accordance with Article 3 of the Ordinance on Electronic Communication in Civil and Criminal Proceedings as well as in Debt Enforcement and Bankruptcy Proceedings of 18 June 2010.

1 Each authority decides whether to admit communication by electronic means.

2 The authority that admits communication by electronic means for written acts shall indicate an electronic address according to Article 4, paragraph 2.

3 It shall inform the State Chancellery.

1 The information necessary for the communication of acts in electronic form shall be published on the Internet.

2 Each authority shall communicate the following information

a) its electronic address;

b) the addresses admitted for electronic transmission;

c) the authorized communication channels;

d) the authorized data formats for communication;

e) individual types of acts to be transmitted, not only electronically, but also on paper;

f) the address where certificates equipped with public cryptographic keys, which must be used for the encryption of written acts transmitted to the authority and for the verification of the authority’s electronic signature, are listed.

3 The State Chancellery may regulate the registration and updating of entries.

1 The parties shall communicate their written submissions and annexes in the authorized format, through the communication channel used, in accordance with the information published on the Internet pursuant to Article 4.

2 If it is unable to read a written submission or its annexes, the authority shall grant the party a short period of time to

a) retransmit the written submission or annexes in the format prescribed by the authority; or

b) transmit, after printing them, the entire written submission and annexes or only a part thereof, in accordance with the provisions of Article 10 paragraph 1 LPAmm.

3 If a recognized transmission platform is not used for communication, the authority shall ensure appropriate protection of personal data during transmission through authorized communication channels. Communications sent via ordinary email shall be encrypted with the public encryption key indicated in the list.

1 The decisive moment for the observance of a deadline is when the transmission platform used by the parties in a proceeding issues the receipt attesting to the reception of the written act intended for the authority (delivery receipt).

2 If the transmission channel used does not issue a delivery receipt, the decisive moment for the observance of a deadline is when the submission is downloaded by the recipient.

1 A qualified electronic signature according to the Federal Act on Electronic Signatures of 18 March 2016 (FiEle) is not required if the identification of the sender and the integrity of the communication are guaranteed by other suitable means (Art. 10 para. 2 APA). Cases where the law prescribes the signing of a specific document are excepted.

2 If a prescribed electronic signature is missing, the authority grants the party a deadline for correction. The party can resubmit the written documents with a recognized electronic signature or send them hand-signed in accordance with Article 10 paragraph 1 APA.

If it is not accessible on the transmission platform used by the authority nor appears in the list of recognized certification service providers (Art. 12 para. 2 FiEle), the regulated certificate equipped with the public cryptographic key must be attached to the submission.

1 The authority may electronically serve a decision or a communication on a party that has explicitly consented in writing to such type of service for the procedure in question.

2 A person who is regularly a party to proceedings before a specific authority, or who regularly represents parties before that authority, may inform the authority that decisions and communications should be served on them electronically in one or all proceedings.

3 Any person may inform an authority that invoices having the character of a decision should be served on them in the form of an electronic invoice. Invoices having the character of a decision are decisions whose primary purpose is to establish the obligation to pay a specific amount and which are sent together with the invoice.

4 Consent may be revoked at any time.

5 Consent and revocation require written form; they do not need to be signed.

1 For service, a recognized transmission platform is used.

2 The authority may also use other types of transmission, provided that these allow for the appropriate

a) unequivocal identification of the recipient;

b) unequivocal determination of the moment of service of decisions;

c) protection of the communication, until service, from unauthorized modifications and access.

3 Notwithstanding paragraph 2 letter b, it is not necessary that the moment of service of electronic invoices having the character of a decision can be determined. Such invoices are served through the usual service providers for the electronic exchange of invoices

a) into a recipient's accounting system;

b) into a recipient's e-banking.

4 Decisions and communications are transmitted in PDF/A format, attachments in PDF format. Electronic invoices having the character of a decision are transmitted in PDF format and as structured data.

5 Decisions are provided with a qualified electronic signature (Art. 2 lit. e FiEle).

6 The following may be provided with a regulated electronic seal (Art. 2 lit. d FiEle)

a) electronic copies of decisions;

b) decisions issued through an automated procedure and which, due to their large number, cannot be individually signed by a representative of the authority (collective service of decisions);

c) electronic invoices having the character of a decision.

1 If the authority transmits the decision or communication to an email inbox, the moment the dispatch is downloaded by the recipient is considered the moment of notification.

**2 If addressed to an email inbox of the recipient, installed after identification of the owner on a recognized transmission platform, the dispatch is considered the first attempt at delivery by analogy to Article 17 paragraph 4 letter a LPAmm.**

**3 Electronic invoices having the character of a decision are considered notified 30 days after a payment is credited.**

1 If the recipient of an electronic invoice that constitutes a decision has not made any payment within 30 days from the date of dispatch, a new decision in paper form will be notified to them against receipt or in accordance with Article 10 paragraphs 1 or 2.

2 In this case, the notification of the electronic invoice is not taken into consideration for determining the moment of notification.

1 The parties may request that the authority subsequently transmit to them electronically the decisions that have been notified to them by other means.

2 The authority shall attach to the electronic document a certification that it corresponds to the communication.

1 The authority verifies the electronic signature in relation to

a) the integrity of the document;

b) the identity of the signatory;

c) the validity and quality of the electronic signature, including any legally relevant attributes;

d) the date and time of the signature, including the quality of such indications.

2 When printing on paper, the authority adds the result of the electronic signature verification and the attestation that said print accurately reproduces the content of the written act communicated in electronic form.

3 The attestation must be dated, signed, and include the signatory’s data.

The regulation concerning the electronic transmission of decisions on the assumption of jurisdiction by the Council of State of 17 November 2021 is repealed.

This Regulation shall enter into force on 1 February 2024.

Published in BU 2024, 1.