As of November 1 2009, the State Institute for Drug Control (hereinafter referred to as SÚKL) as a public authority, has been obliged to communicate with other public authorities, legal entities and natural persons – entrepreneurs via data mailboxes (DM).
A data mailbox is an electronic repository intended for deliveries by public authorities, for the performance of procedures in respect of public authorities, including both procedures of natural persons and legal entities.
Data mailboxes are established and administered by the Ministry of Interior and operated by Czech Post (Česká pošta s.p.).
Delivery via a data mailbox shall be used whenever practicable with respect to the nature of the document.
When is a document placed in a mailbox considered to be delivered?
- At the time point when the person authorised to access the delivered document logs into the data mailbox – the message shall remain in the mailbox for the period of 90 days;
- If the authorised person fails to log into the data mailbox within 10 days of the delivery into the mailbox, the document shall be considered delivered as of the last day of this timeline –so called fictitious delivery – the message shall remain in the mailbox until the authorised person longs in;
- Where a legal regulation does not allow for substitutive delivery – fictitious delivery shall not be possible (e.g. execution).
The particulars of an electronic format decision are stipulated by Section 69 of Act No 500/2004 Coll., the Administrative Code.
(1) The written copy of the decision shall be labelled as “Decision” or with any other denotation stipulated by the Act. Furthermore, the written copy of the decision shall contain the identification of the administrative body issuing the decision, reference number, date of issue, official stamp imprint, name, surname, position or employee number and signature of the authorised official. The signature of the authorised official may be replaced on the counterpart with the clause “in his/her own hand” or abbreviated as "v. r." next to the surname of the authorised official, and with the clause "Responsibility for correctness:" giving the name, surname and signature of the official who is responsible for the written copy of the decision.
(2) The written copy of the decision shall give the names and surnames of all parties.
(3) Where the decision is to be delivered electronically upon request of a party, the official who is responsible for the written copy of the decision shall prepare its electronic version, replacing the official stamp imprint with the words “official stamp imprint” and shall sign the document with his/her certified electronic signature based upon a qualified certificate issued by an accredited provider of certification services.
(4) Upon request of a party, the administrative authority shall issue a counterpart of the written copy of the decision. Upon request of a party, a counterpart of a statement only may be issued as well.
In what cases is communication not to be conducted via data mailboxes?
- Where confidential matters are concerned;
- Where another safe electronic communication method has been established (such as electronic tax return, etc.);
- Where not practicable due to the nature of the matter – e.g. a large-volume letter, on-site delivery, delivery by public decree, where the addressee has not activated a data mailbox.
When searching for SÚKL's data mailbox, it is necessary to enter in the name-of-the-entity field the unabbreviated name of the organisation, i.e. Státní ústav pro kontrolu léčiv, or company reg. no. (IČ) 00023817, or SÚKL's unique data mailbox identifier qwfai2m.
The sphere of data mailbox communication is governed by Act No 300/2008 Coll., on Electronic Procedures and Authorised Document Conversion and by its implementing decrees: Decree No 193/2009 Coll., on details of conducting authorised document conversion, Decree No 194/2009 Coll., on details of use and operation of data mailbox information system. Other relevant legislation: Act No 301/2008 Coll., Amending Some Acts due to the Adoption of the Act on Electronic Procedures and Authorised Document Conversion and Act No 227/2000 Coll., on Electronic Signature and on Amendments to Some Other Acts.
Conversion upon request is performed by public administration contact points, so called CzechPOINT http://www.czechpoint.cz
For further information on the data mailbox information system please refer to http://www.datoveschranky.info/