REGULATION on electronic communication in administrative proceedings (RCVEPA) - Object (RCVEPA)

1. This regulation establishes the conditions for electronic communication (hereinafter: electronic communication) between administrative authorities and parties in procedures subject to the LPA-VD [A].

2. The legal provisions of cantonal law that set different conditions for handling specific administrative procedures are reserved.

1. The administrative authority determines whether it accepts electronic communication. It may renounce it during the proceedings.

2. It cannot impose electronic communication on a party.

3. Electronic communication in a determined administrative procedure can only begin at the initiative of a party.

4. If a party, after having accepted electronic communication, renounces it, the administrative authority modifies the mode of communication upon receipt of this renunciation.

1. Electronic communication with cantonal administrative authorities occurs through the secure online services portal of the State (hereinafter: Secure Portal), within the meaning of the Law of November 6, 2018, on electronic identification means and the secure online services portal of the State (LCyber) [B].

1. Electronic communication with other administrative authorities shall occur through a system that, cumulatively

a. Requires prior registration of the party;

b. Demands that the party authenticate itself at each connection;

c. Issues immediately, upon sending an electronic communication, a receipt stating the date, time, and content of the communication. In case of communication failure, the system must immediately signal this error;

d. Makes accessible, by means of a retrieval procedure for the party and the administrative authority concerned, for the retention period provided for in Article 7, paragraph 1, a backup of the electronic communications exchanged. This backup must also indicate the date and time at which the party has

1. sent or received each electronic communication;

2. first effectively consulted an electronic communication received from the authority;

e. Guarantees, through measures corresponding to best practices in the field, the protection of the data of the party and any other person concerned, particularly their confidentiality vis-à-vis unauthorized third parties.

2. The authentication process within the meaning of paragraph 1, letter b must make it possible to attribute the sending or acknowledgment of receipt of each electronic communication to a specific natural person.

1. At the time of registration, as defined in Article 4, letter a, the party must be expressly informed that an authorized electronic communication has the same legal consequences as communication by postal mail.

2. Legal entities that include several administrative authorities within them may establish a single registration procedure valid for electronic communication with all of these authorities.

1. Authentication within the meaning of Article 4, paragraph 1, letter b must take place

a. through the access process to the Secure Portal; or

b. through the use of an electronic identification means issued by the administrative authority or the legal entity to which it belongs, which offers security guarantees equivalent to those of the electronic identification means issued by the State on the basis of Article 8, paragraph 1 LCyber [A]; or

c. through the use of another electronic identification means recognized by the Council of State in application of Article 8, paragraph 2 LCyber, if such exists.

2. The State IT service (hereinafter: the service) [C] shall specify by directive the technical conditions to be met for identification via the secure portal.

1. The data mentioned in Article 4, paragraph 1, letter d must remain accessible for at least 18 months after the closure of the relevant administrative procedure, unless the party revokes its registration in the electronic communication system earlier.

2. Furthermore, the administrative authority retains a copy of these data in the file.

1. The administrative authority shall determine the data format in which writings may be submitted to it and in which it communicates itself, subject to paragraph 2.

2. The service may set these data formats by directive concerning the procedure before the cantonal administrative authorities.

3. If an authority that accepts electronic communication receives, through a recognized electronic communication channel within the meaning of Articles 3 to 7, writings that it cannot consult, it shall grant the party a short deadline to

a. resubmit the writing in a specified data format; or

b. print all or part of the writing and transmit it by postal mail.

1. Electronic decisions are notified in the form of files in Portable Document Format (PDF).

2. They are equipped with a timestamped electronic signature, ensuring the integrity of the text and allowing unambiguous identification of the deciding authority as well as the physical person signing.

1. The Department of Infrastructure and Human Resources is responsible for the enforcement of this regulation, which comes into effect on December 1, 2020.