eIDAS qualified ERM provides additional guarentees that RMRA does not, which gives it a higher reliability than the paper RMRA.
ERM’s additional reliability as compared to paper RMRA
ERM and paper RMRA are two notifcation methods recognized by law that carry probative value.
However, electronic registered mail also has non legal advantages in regard to paper registered mail:
- More economical
- More ecologically-friendly
- More practical
But ERM has another significant advantage over paper RMRA: proof of content.
During each time stamping (a time stamp is given to each piece of ERM), the ERM’s content is completely certified (textual content, photos, attachments, etc).
Inversely, a certification of content is impossible for paper RMRA.
Even if it is considered in case law that the proof of content lies with the recipient and not the sender, a recipient may contest the content and create a lengthy dispute.
The only way to ensure that the legal value of a notification is absolutely incontestable is to use ERM.
Legal reliability of contractual ERMs and eIDAS ERMs
The legal reliability of two kinds of ERM are legally defined.
However, the eIDAS-qualified ERM provides additional elements of reliability: identification by a third party carrier (AR24) of the sender and recipient.
In eIDAS ERM:
- the sender must be identified with a high degree of confidence to send the mail
- the recipient must be identified before any data can be provided (access to content)
The additional requirements of the LRE eIDAS (being stricter), are an additional guarantee of security.
Superior legal reliability of the LRE sent by AR24
AR24 places a particular emphasis on quality and reliability.
In order so ensure this, each LRE sent by AR24 receives a time stamp by two qualified service providers independent of AR24 in order to guarentee:
- that each piece of ERM is timed stamped even in the case of failure of one of the service providers ; AR24 uses two different qualified service providers in order to protect against the default of one of the service providers – the other immediately taking over for time stamping
- the independence of the timestamp by multiplying the reliable sources dating your shipment so that no dispute is possible by a single service provider
- the sending is certified -making it possible to guarantee the span of dates of the legal deadlines for the said notification
- further advantages in terms of the maximum size of certifiable attachments, and the archival life of your mailings