Electronic delivery

from Wikipedia, the free encyclopedia

The Electronic delivery , short e-delivery , is a data transfer method in Austria is used for the verifiable electronic delivery of documents. A distinction is made between official electronic delivery according to the Delivery Act and private electronic delivery according to the Rulebook of the Austrian Chamber of Commerce .

Official electronic delivery

Official electronic delivery was developed as part of the Austrian e-government strategy. The aim is to electronically deliver official acknowledgment letters in RSa or RSb quality. This should ensure significant cost savings on the part of the administration and convenience and time savings on the part of the citizens.

How official electronic delivery works

The official electronic delivery consists of the delivery header and the officially approved delivery services .

To receive electronic deliveries, recipients must register in advance with a delivery service of their choice using a citizen card or mobile phone signature . An encryption certificate can optionally be loaded into the mailbox. The authority then has to encrypt all shipments with this certificate. The registration of a citizen is recorded on the delivery head.

The delivery header is a central register that communicates with all directory services of the approved delivery services. No data about the recipient is kept in the delivery header; it may only be used in the context of electronic delivery. The specification of the directory service is based on the Lightweight Directory Access Protocol ( LDAP ) standard . Before sending a document, the sending office must ask the delivery header whether the recipient is registered with a delivery service and can only deliver after a positive answer.

The officially approved delivery services, also called delivery servers , take over the electronic delivery to the recipient, i. H. they accept the electronic government documents and keep them ready for the recipients.

Post office box owners will be informed of the receipt of an official document by email to the email address given when registering with the delivery service twice within 48 hours of receipt of an electronic document.

In order to collect the document, PO box owners must log into their mailbox using a citizen card or mobile phone signature. At the same time as logging in, the user electronically signs a so-called return receipt, which is sent back to the authorities as proof of delivery. The document is therefore legally considered served.

If the document is not collected within 24 hours of the second electronic notification, notification must be sent to the postal address provided to the delivery service no later than the next working day. The delivery service will have the document ready for collection for two weeks. If the document is not picked up within this period, it will be deleted. A document held ready for collection in the post office box is deemed to have been delivered one working day after the second electronic notification or on the third working day after the postal notification in accordance with Section 35 (6) and (7) Delivery Act. PO Box owners can therefore note vacation or work absences in their PO Box.

Official delivery services

Approval as a delivery service requires official approval according to Section 30 of the Delivery Act, which must be applied for at the Federal Chancellery. The following delivery services are currently approved:

  • BRZ Electronic Delivery Service ( Bundesrechenzentrum GmbH ) (since 2009)
  • My letter ( Österreichische Post AG ) (since 2010)
  • Postserver Online Delivery Service GmbH (since 2012)
  • eVersand.at (since 2014)
  • Briefbutler.at (Hpc DUAL Liefersysteme GmbH ) (since 2017)

Official delivery costs

The costs of official delivery are regulated in Section 40 (6) of the Delivery Act. They currently amount to half a letter postage (= half of € 0.64) plus sales tax for the delivering authority, i.e. H. in total € 0.384. If, after two unsuccessful electronic communication, a postal communication is necessary, these costs of € 0.64 must also be borne by the authority. In contrast, the fee for an RSa letter is € 7.02, plus paper, handling and printing costs.

Official delivery is free of charge for recipients.

Legal basis of official delivery

The legal basis for official delivery is regulated in the federal law on the delivery of official documents and in the ordinance of the Federal Chancellor on approval as an electronic delivery service.

eDelivery from December 1, 2019

Amendment to the Delivery Act

The amendment to the Delivery Act resulted in significant changes in the electronic delivery service from December 1, 2019. From December 1, 2019, registered users will only be able to pick up electronic messages received from authorities in the central, free electronic mailbox MeinPostkorb and no longer from another delivery service. MeinPostkorb can be reached in the registered area of oesterreich.gv.at and in the Digitales Amt app . This new e-delivery is intended for mailings and deliveries by authorities. Other organizations, companies, associations or private individuals cannot use the new electronic delivery for sending.

All deliveries that have arrived in MeinPostkorb are now kept for a maximum of ten weeks. They will then be deleted automatically. No other retention period can be agreed.

The amendment to the Delivery Act made it possible to create a central directory of participants (Sections 28a and 28b Delivery Act). This is made available electronically by the Federal Ministry for Digitization and Business Location (BMDW) (Section 28a, Paragraph 1, Status Act). The new central subscriber directory will replace the delivery header and the directories of the communication systems, and the lists of the delivery header, the delivery services, other communication systems, FinanzOnline and Electronic Legal Transactions (ERV), which were previously managed by various institutions, were merged.

As of December 1, 2019, companies, independent contractors and freelancers are required to participate in electronic legal transactions (Section 3 (20) of the Federal Statistics Act in conjunction with Section 1b of the E-GovG). Companies that are not obliged to submit advance sales tax returns because they have fallen below the sales limit (EUR 30,000.00 previous year sales) can object to participation. Companies that do not have Internet access or that lack the technical requirements for participation are also not obliged to participate as long as these requirements are not met.

Registrations and cancellations as well as changes to the participant data are made centrally via the display module (Section 37b Status Act), which is made available by the Federal Ministry for Digitization and Business Location and in the corporate service portal ( USP) and the citizen service portal: HELP.gv.at (or oesterreich.gv .at) is mandatory.

The user of the system can prevent effective electronic delivery by notifying the display module that delivery is not possible within a certain period of time. This is currently possible for a maximum of 28 days in one go. At the same time, however, physical delivery can continue.

Significant adverse changes for the citizen

With the amendment of the Delivery Act, the obligation to take care of proper delivery has been shifted significantly to those subject to the norm. The legislature has now set up a virtual collection point and obliges those subject to the standard to use it. Those subject to the standard must now provide the infrastructure (network access, computer, printer, etc.) to receive the messages, whereas previously the authorities or the courts were obliged to carry out the delivery effectively.

Likewise, the person subject to the standard has now been obliged to notify the authorities or the courts of all necessary changes as quickly as possible (e.g. changing the e-mail address), even if no proceedings are pending. If changes are not announced, this will be interpreted to the detriment of the citizen.

Private electronic delivery

Private delivery was developed by the AustriaPro association on behalf of the Austrian Chamber of Commerce (WKÖ) as a supplement to official delivery. It should enable all services registered with the WKÖ and the post office box owners registered there to send documents to each other in a secure and traceable manner.

How private electronic delivery works

The private e-delivery works almost the same as the official delivery. It also has a delivery head that is operated by the WKO, but must also be queried by the sender before a delivery attempt. Both the sender and the recipient must be registered with a delivery service. The private e-delivery distinguishes between three levels of trust:

  • Simple - it is sufficient to check the e-mail address with a reply e-mail when registering. The login takes place with a username and password.
  • Medium - The registration is linked to an organizational process or takes place with a “trustworthy third party”, for example an online banking portal or another portal with unique authentication.
  • High - A citizen card or a mobile phone signature must be used for both registration and login.

Three quality and security levels are also possible for the electronic transmission of documents:

  • Standard - with guaranteed delivery confirmation from the delivery service
  • Registered - digitally signed by the delivery service, corresponds to the registered letter
  • Identification transfer - "At your own disposal". Documents marked in this way can only be accepted by the recipient if they use a citizen card or mobile phone signature when logging in. The delivery confirmation is signed by the recipient.

In contrast to official delivery, in the case of private delivery, a document is only considered delivered when it has actually been picked up by the recipient.

Private delivery services

Private delivery services must sign a contract with the Austrian Federal Economic Chamber and undertake to meet all the necessary specifications. In contrast to official e-delivery, the specification also regulates the billing of delivery services among each other when a document is transmitted from a delivery service user to a recipient of another delivery service. There is currently an approved delivery service:

  • Postserver Online Delivery Service GmbH

Private delivery costs

The costs of private delivery are not regulated. The pricing is at the discretion of the delivery service.

Security of private delivery

The security of private delivery is guaranteed by three factors:

  • the traceability of the delivery - every delivery triggers a digitally signed confirmation of delivery or a non-delivery notification.
  • Legal security - through the use of the secure electronic signature, documents signed with it are legally signed. The secure electronic signature is equivalent to a handwritten signature according to Section 4 (1) of the Signature and Trust Services Act (SVG).
  • technical security - data transmission is always encrypted. Sent documents can optionally be digitally signed or encrypted.

privacy

Neither private business nor official electronic delivery are subject to data retention .
With both services, the data transmission is principally encrypted. Mailbox owners can optionally obtain the automatic encryption of each document by uploading an encryption certificate.

Electronic delivery in Europe

Germany

De-Mail

Finland

Netposti

Italy

Posta elettronica certificata (PEC)

Czech Republic

Datové schránky

Slovenia

VEP.si

Web links

Individual evidence

  1. ↑ Electronic delivery. Federal Ministry for Digitization and Business Location, accessed on July 20, 2018 (German).
  2. ↑ Service Act , Federal Law Gazette No. 200/1982 , as amended
  3. ↑ http://www.digitales.oesterreich.gv.at/site/5230/default.aspx#a3
  4. ↑ https://zkopf.bestellung.gv.at/zkopf/
  5. ↑ Handy signature. A-Trust company for security systems in electronic data traffic GmbH, accessed on July 20, 2018 .
  6. ↑ https://www.brz-zutelldienst.at/Zustellservice/processor
  7. ↑ https://www.meinbrief.at/
  8. ↑ a b https://www.postserver.at/
  9. ↑ http://www.eversand.at/
  10. ↑ https://zufelldienst.briefbutler.at/
  11. ↑ Federal Law Gazette I No. 104/2018.
  12. ↑ https://www.austriapro.at/
  13. ↑ http://www.ezustellung.at/links/
  14. ↑ Netposti ( Memento from January 16, 2014 in the Internet Archive )
  15. ↑ PostaCertificat @ ( Memento from March 15, 2015 in the Internet Archive )
  16. ↑ https://www.datoveschranky.info/
  17. ↑ http://www.vep.si/