E-mail finally legally valid!

Hallelujah! As of January, the e-mail is officially valid as evidence. Nothing too soon, because we have all been using this way of communicating for about thirty years now. The judiciary has taken this into account for some time, but with the arrival of the new Civil Code, this is now finally official.

This involves a number of important points of attention for you and for your Credit Management. We have listed the most important points and pitfalls for you.

Email in the Civil Code

The arrival of Article 1.5 of the new Civil Code ensures that e-mail is accepted as a valid means of making a notification. What is a notification? “Any communication of a decision or fact from one person to another.”

Of course, things can go wrong with this method of communication. Just think of messages that end up in a spam filter and remain unread. In addition, there is no guarantee that the chosen e-mail address is still in use.

To meet these uncertainties, the same article states that a message reaches the addressee when he becomes aware of it or when he could reasonably have become aware of it. Of course, this description is still insufficient. That is why the legislator links the use of e-mail to a condition:

The sender must therefore ensure that the notification via e-mail actually reaches the addressee. The risk and burden of proof, therefore, lie with him. For example, the proof can simply be a reply from the recipient responding to the e-mail, or the so-called read receipt.

Is an e-mail the same as a registered letter?

No. The value of a registered letter remains of a higher order. For example, it may be stated in an agreement or in general terms and conditions that certain actions can only be carried out by registered letter. This is often the case, for example, with a termination of a contract. In that case, the e-mail cannot replace the letter

Another side note: there is a possibility to send digital registered letters. These are also linked to conditions, more fully equated with their paper version.

Email in Credit Management

Sending a reminder by traditional mail is part of most organizations’ credit & collection process. A real notice of default usually takes place by traditional mail. Thanks to this new legislation, this could now also be done digitally. As a sender-creditor you do run the risk and you must provide proof of acknowledgment by your customer-debtor. That’s where it gets tricky. In case of doubt, it is still recommended to send a registered notice of default by post before starting any legal proceedings.

Like to know more about subjects like e-mail and credit management of do you have more questions?