The Supreme Court on Databoxes

10. 3. 2017

The Supreme Court has recently taken a stand on submission and delivery of electronic court documents by means of public data network by defining when it is necessary to use the electronic signature when communicating with Czech courts. The procedure of how messages from persons utilising more databoxes ought to be sent and received is also established. The following points are the most important ones.

It was confirmed that proceedings submission (e.g. a civil action) made via a databox of the acting party need not be supported by a subsequent submission of a hard copy of the documents and the effects are the same as those of a printed and signed ones. A recognised electronic signature would only be needed if the documents in question were submitted via a databox owned by a person different from the submitter.

One of the most important aspects of the Supreme Court statement regarding legal entities is that if an entity is able to prove that at the time of the delivery of the document no person with the authorised access to the entity’s databox was available to receive the documents and this situation was not caused by the entity, the effects of a successful delivery do not take place. Also, a procedural step taken via databox has the same effect as one made in writing and signed by a person authorised to act on behalf of the entity.

Should a physical person have more than one databox (e.g. a personal and business ones), court decisions and other documents are to be sent to the one which corresponds best with the nature of the document. It is necessary to realise, however, that the effects of the delivery of a document sent by public authorities do take place even if the document is delivered to the less relevant databox of the physical person in question at the moment when a person authorised to access the document logs in to it.

The Supreme Court stance regarding deliveries and effects of submission to courts of all levels is decisive.

Need help?

We are here for you and we will be glad to advise you based on more detailed information and documentation. Do not hesitate to contact us to arrange a non-binding consultation meeting.

We give clear answers

In our communication with clients, we do not hide behind long quotations of laws, but give a clear and understandable answer.

We're thinking with you

We always solve a specific problem with respect to the overall needs of the client; we do not take our recommendations out of context.

Newsletter - Stay up to date

We deliver directly to your e-mail

Copy image to check against spam.
A test to determine whether or not you are a human user in order to prevent automated spam.
© Schaffer & Partner 2024 | Created by:
Move up