Reliable notifications by WhatsApp

In a world where digital technology has become deeply integrated into our daily lives, it is not surprising that applications such as WhatsApp have begun to be used in the realm of legal communications, including lease notifications. But is WhatsApp really a reliable medium for this type of communication? In this article, we will explore the effectiveness of this application for sending lease notices, the requirements for its legal validity and how it compares to the use of burofax in the current legal framework.

WhatsApp has become a widespread communication tool, used by millions of people to exchange messages instantly. In the context of leases, both landlords and tenants may be tempted to use this platform to send and receive notifications related to the lease.

Recent case law has opened the door to the acceptance of WhatsApp messages as evidence in court proceedings, including eviction and bail compensation cases. Despite this, A WhatsApp, without certification, by itself, is not considered a suitable means to make reliable notifications. The main reason is that, although it may provide some record of the communication, it does not guarantee the authenticity and integrity of the communication in a way that is irrefutable in a legal process.

For a communication via WhatsApp to be considered legally valid in the context of a lease, certain requirements must be met:

• Proof of notification: there must be a record showing that the notification was sent and received by the addressee.
• Authenticity: the message must be attributable to the sender without any doubt.
• Integrity: the communication must remain unaltered from the moment it is sent until it is received. And this must be recorded.
• Agreement of the parties: both lessor and lessee must have previously agreed on the use of WhatsApp as a valid means for notifications.

Despite the fact that the Urban Leases Law (LAU) allows some flexibility as to the form of the notifications, for certain acts of special importance, such as the termination of the contract or the request for payment, it is recommended to use methods that ensure reliable notification.such as a WhatsApp message certified by a trusted service provider qualified in certified electronic delivery (as we are recognized in MailComms Group).

The use of the burofax is another possibility for the notification of matters related to the lease of dwellings. This is a service offered by postal operators that allows the sending of documents that require a reliable record of their sending, receipt and content.

Without going into the nuances, we can equate the legal validity of a burofax with a certified WhatsApp. Both offer multiple advantages over an uncertified WhatsApp.

In comparison, the simple (non-certified) WhatsApp service does not provide official certification of communications and may be vulnerable to disputes over authenticity and integrity, making it easier for the opposing party to challenge its validity.

To avoid contestation, we can send a certified WhatsApp, which guarantees integrity and authenticity as we indicated above. For this purpose, it is an indispensable condition that it is sent by a Qualified Trusted Service Provider in Certified Electronic Delivery.

It is also possible to send the communication in a reliable way through Burofax Online from your own computer, without the need to travel. This is a service we also provide at MailTeck & Customer Comms, where we take care of receiving the notification, printing it and enveloping it in an environment of security and data privacy reinforced by our ISO 27001 and 27701 certifications. We also manage the delivery to the addressee through Correos, with two delivery attempts before its return. All this provides the maximum legal guarantee.

It is the one that provides unquestionable evidence of the delivery and reception of the message, and allows its subsequent verification.

It refers to doing something with means that leave irrefutable evidence and ensure the certainty of an act or fact.

It is a complaint or lawsuit filed in such a way that there is a formal record of its execution and content.

Reliable means include those that allow verification of the communication, such as bureaufax, registered letters or certified electronic notification services.

In conclusion, while WhatsApp can be a useful tool for everyday communication, its use in the context of lease notifications should be considered with caution. For to ensure the security and legality of important communications, it is recommended to use reliable notification methods such as certified WhatsApp, burofax or other reliable digital communication services offered by qualified trusted service providers. and specialized, which guarantee the certainty and validity of the notifications in the legal field.