Volunteers and many employees will automatically receive data mailboxes

Act on electronic devices and authorized document conversion. Maybe you’ve never heard of him. You should get the pesto. Thanks to its amendment, which will come into effect on January 1, 2023, you may be among those whose data mailbox will be changed completely automatically. This very clearly divides the circle of persons who will be obliged to it. David Urbanec, a partner at the law firm DUNOVSK & PARTNERS, explains who exactly the news is about and what follows from it.

Who has to prepare for the fact that their data box will be automatically closed?
Every entrepreneur who doesn’t have a data box. That is, as a natural person entrepreneur, even if you want an OSV. From primary persons, for example, associations, foundations, estates, SVJ and the general benefit of society (ops). The data box will be automatically recognized by natural persons who are not entrepreneurs, but use a means for electronic identification. As soon as, for example, someone uses their bank identity to file a tax return, or asks you to renew their ID card, their mailbox will be deleted without any further data. For example, many employees have to deal with this news.

When exactly will the data boxes be changed and how will the hunter gain access to them?
This should happen during the first quarter of 2023. In this period, the Ministry of the Interior will distribute access data to the data boxes, and that wave into its own hands. In the case of primary persons, these data will be addressed only to their statutory bodies, i.e., for example, to the executive or only the board of directors. Non-entrepreneur natural persons, let’s say simplified non-entrepreneur, pop. both employees and working students will be notified of the change of mailbox data the first time they use the means for electronic identification.

When will the data box become fully functional?
Give it as soon as possible, but no later than fifteen days after the delivery of the procedures.

Does everyone who is subject to the new legislation really have to use the data box? Or is there any way to get out of this obligation?
There is an option to turn off the data box or disable it. But it is reserved only for non-entrepreneurs. This action will be able to be performed in the settings of the data box. The law does not allow such an option for natural persons and first-time entrepreneurs. The data box will thus serve them similarly to a letter travel box. It will therefore be in their interest to get to know you with the electronic documents that come to their mailboxes.

M.Sc. David Urbanec

  • Partner of the law firm DUNOVSK & PARTNERS.
  • Within the office, he is responsible for the agenda of judicial women. In this area, Irok gained a wide range of experience working on behalf of banks, financial institutions and private financial groups and commercial companies in ad disputes.
  • He specializes in the area of ​​financial first and first commercial companies.
  • It is also engaged in consulting in the implementation of acquisitions and other business transactions, conducting the first audit, negotiating transaction terms and preparing corresponding contractual documentation.
  • He is a correspondent of the International Bar Association (IBA).
  • The reference leader of The Legal 500 has been regularly recommended as an attorney for banking, finance and capital markets for 10 years.
  • Since 2016, Kadoron has been a nominal member of the first committee of the NB banking board.

For what reasons will the entrepreneur always have to hand over the data box?
The legal obligation is, for example, the basis of the tax registration. If an entrepreneur submits a loan tax return in paper form, the financial department will prompt him to correct it. If he doesn’t even add an additional data box, the financial department has to impose a fine of several thousand crowns.

Data boxes are used from their meetings mainly for communication with councils and other official institutions. But what about the possibility of sending between private entities?
Since the beginning of this year, the law automatically allows two persons to use data mailboxes for sending and receiving so-called travel data requests. This is data originally sent by a natural or primary person to other natural or primary persons, i.e. in the course of communication between private entities.

Does this work automatically, or should the entrepreneur turn off the mailbox for personal reasons?
Such payment options are only available to non-entrepreneurs. Whether or not a specific non-business natural person can first turn off data transmission can be found online via the list of data mailbox holders.

Is there a charge for using data first?
The fees are set mainly for the sending of travel data requests, i.e. data requests sent between private entities. Data travel at first is actually an electronic equivalent strongly recommended provided by the Czech Republic. There is initially a shipping fee of 5 crowns including VAT for sending one travel data. This drink is free at first.

Is it possible to send any documents with the data first?
Urit limited here are. For example, a limit is set for the size of one piece of data or the format of the sent document. Although the data folder allows the transfer of files of various types, I recommend using files in common formats such as .pdf.

A lot of people have been wary of data boxes until now, and that’s because of a number of problematic aspects. Concerns prevail, for example, from fiction delivered. Are they out for revenge?
The fiction of delivery cannot be perceived as a trap for the owners of data pages, but primarily as a tool against unintended obstructions in delivery efforts.

So how does the rule apply here?
On the basis of the so-called fiction of delivery, a document sent by data mailbox is considered to have been delivered ten days from its date of delivery to the data mailbox. And that regardless of whether you later access the mailbox data and view the document or not. It is so important for the owner of the mailbox data to check it regularly. The only thing that can be done is to ensure that they do not miss any deadlines, such as deadlines for filing a notice of appeal and filing a complaint, which could have unperceived consequences.

Pay fiction delivered for all at first, or just for those one?
At the moment, it applies to all first-time data, i.e. also for first-time travel data, which are shared between private individuals and companies. If, for example, your business partner withdraws from the contract or sends you a message via mailbox, the document will be delivered to you within ten days, even if you do not pick it up. As an addressee, you will not be able to claim that you did not enter the mailbox data and did not read the document. I therefore recommend that you check your mailbox data at least once a week and set yourself up to be notified of data delivery first by email or via SMS, which is a service provided by the mailbox data free of charge.

Is there anything important about mailbox delivery rules?
I would draw attention to the moment of delivery of the document to the other party in case he sends it with the intention of catching a lie. For example, to your business partner, bank, insurance company, etc. While in the case of delivery of data from a public authority, the court is judicious if the delivery reaches the data folder of such an institution as soon as it is delivered, i.e. practically immediately after sending, the situation is different for private entities. Here, the sender has to deal with the fact that the moment the document is delivered, the other parties understand and stick the recipient in the data box or the fiction of delivery. In other words, if you want to be sure in private relationships that the sent document will be delivered to the other party within the specified time limit, I recommend sending the date sheet at least one day before the deadline expires.

Is it possible to protect the fiction delivered? You if the hunter was gone for a long time or, for example, hospitalized in a hospital?
For some data requests (delivered by public authorities), it is possible under certain conditions to ensure that the received fiction is not different from the recipient of the data. For example, according to the national judicial system, the inactivity of the delivery can be suggested if the given person could not be notified in writing for an excusable reason. According to the correct law, it is then necessary to prove that the addressee, due to permanent absence or for some other external reason, could not pick up the data in the passport without his fault.
The fiction of delivery does not apply in cases where such delivery is excluded in the previous first prescription. One is, for example, to deliver a resolution on the dismissal of the accused and others in writing according to the criminal charge.

As a complication, people often see the fact that at first the mailbox disappears after a certain period of time. What are the options for data archiving?
The easiest way is to download and save the data from the start and confirmation of dispatch and delivery. Documents can be downloaded in .pdf format or better as .zfo, which even allows individual sent files to be opened and viewed again. It was possible to transfer the data first to the data vault or later. However, the data vault service has to be activated by you and is subject to a fee. There are other paid services on the market that offer tools for managing mailbox data and archiving data files. These may be suitable for companies that receive and send large amounts of data.

There are very different forms of fraud in the field of electronic communication, internet banking and the like. In the same way, people can fear and abuse access to data inboxes. What should you watch out for in this regard?
The salary here is similarly recommended as in other cases. The owner of the mailbox’s data should adequately protect its access and automate mechanisms for its protection. For example, try to change the password in the data settings of your access mailbox, do not share your data with other non-privileged persons, and the like. In case of abuse of access data, it is possible to apply for their invalidation, for example at the contact points of the Czech POINT public service. If you use this option, you will be sent a new access data either electronically to the specified email address, or by hand to the addressee.

Do you have experience dealing with any other problematic aspects of using data boxes?
I have encountered a lot of rocks. In addition to what we talked about, the issue of substitutability when using mailbox data is a widely discussed issue, i.e. whether and under what conditions someone else should have access to your mailbox data. You are free from illness.

And is there such a possibility?
Yes. The mailbox system allows different people to be granted different permissions when managing mailboxes. After entering the mailbox data, it is possible to establish a so-called authorized person or a set of authorized persons and define their authority. Authorized persons will then enter their own identification data into the data box, and all the actions that are performed in the data box will be recorded under their identification data. The established authority of a person is especially suitable in organizations where the data management of the mailbox is done by assistants. For example, the assistant can only be given permission to receive first or also permission to send data first.

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