How to automate legal notices by certified email in companies

In these digital times, a company not only needs to communicate, but to do so in a way that complies with the maximum legal guarantees and with optimal operability. These are the qualities that make certified emails the perfect solution.

A certified email is an email managed by a trusted service provider that sends, traces and certifies an email on behalf of a third party, guaranteeing that it has not been tampered with or altered in any of its elements:

• Identity of sender and receiver.
• Date and time sent, received and opened.
• Message and all embedded files.

Therefore, in addition to the unalterability of the content and its attachments, it is possible to certify the sending, receiving and reading, with details of when it was done. Basically, it works with the intervention of what is known as a trusted third party, which acts as a qualified certification service provider.

Their differences with conventional instant messaging are evident, since certified emails use advanced traceability and encryption technologies that give them full legal validity, as is the case with electronic bureaufaxes or traditional certified mail.

For companies, this is a reliable means of electronic notification for legal purposes, which is very simple to operate and reduces costs by up to 90% compared to other certification methods. Its standard is regulated in the European Union within its eIDAS regulation, as well as in the rest of the homologous international organizations.

A certified email is exactly the same for legal purposes as a hand-signed paper document. Also, it has the same validity as a means of legal notification as a burofax or certified letter by postal mail.

Therefore, they can be presented as evidence before any competent authority. In fact, there are numerous rulings by the Supreme Court that support the legal legal validity of certified emails as evidence in as evidence in legal proceedings.

Among the main uses that a company can give to a certified email are the following.

• Dismissals and disciplinary sanctions: They are recognized as a legal form of of communicating dismissals, as they comply with the requirements set forth in the Workers’ Statute, Article 55.1: written communication of the causes and date of dismissal, whose receipt by the employee can be certified, and the same applies to disciplinary sanctions.
• Contractual modifications and legal notices: Here are included from the signing of any agreement to the cancellation of contracts or modifications in any section. Also, to warn of expiration or change in any clause.
• Claims and dispute resolution: It is valid to send allegations, to register in delinquent files or debt claims.
• Communications with the Public Administration
  For companies and individuals, it is used to send any document that requires validation and security, such as the presentation of appeals, requests or notifications. In addition, administrations or institutions can use this medium to send official documents, certificates or communications.
• Notifications about changes in commercial conditions: It is a secure, legal and reliable method for sending quotes, confirming orders, managing invoicing or processing refinancings.

The use of certified emails could not be simpler. All you need is a computer with internet and access to a platform managed by a Trusted Service Provider (preferably qualified) that allows the sending of this type of communications. The Qualified Electronic Services Provider (QSP) will be the certifier.

In a generic way, this is the step-by-step to send it:

• You access the platform with your password.
• You compose the message and, if necessary, attach the necessary documents and files.
• Select the certification options you need (sender identification, confirmation of receipt…).
• You send the email.

Do you need to credit the sending of an email? Discover how to send a certified email with total legal security.

Undoubtedly, the versatility of applications is one of the most interesting advantages of certified email. But it is not the only one. Your company will benefit from these others.

• Reduced operating costs
  The cost of contracting this service is significantly cheaper than the rates of conventional postal systems or other forms of certification. In addition, you do not have to purchase any specific technological equipment or software.
• Security and legal compliance
  All of them enjoy full international legality. The EU and other countries have regulations on these digital certifications.
• Time savings and greater efficiency
  The digitalization of certifications means a considerable saving in the time a company has to spend on paperwork. In addition, the simplicity of the system means that it is not necessary to have specific knowledge, so that anyone can send these messages, and of course, it is an immediate system that does not require the physical transfer or sending of documentation.
• Protection against legal disputes
  A certified email is an evidentiary document, it can be used as such in any type of legal dispute or claim before an administration.

At MailComms Group, we are a reference in the digitization of legal communications. Discover our platform CertySign to manage your certified emails in an intuitive and simple way!