Before any sending, it is required by law that the sender obtains the agreement of the future recipient if they are not considered a professional (that is to say a private individual or an administration).
That way, the sender has tangible proof that the email address used to notify the recipient is correct. There has to be written evidence of the agreement.
The following is a template for an agreement form. Feel free to use it!
In accordance with Article 43.1 of the European eIDAS regulations, each BENEFICIARY authorizes the undersigned notary to send all notifications for the needs of the file by registered mail with electronic reception acknowledgement to the following address(es) (below, and if necessary, respectively for each BENEFICIARY, the “email account”):
For Mr. XXX : XXX@XXX
For Mr. XXX : XXX@XXX
Each BENEFICIARY acknowledges and guarantees that they have exclusive control of the email address that they themselves have indicated, notably for (i) their regular access, (ii) the confidentiality of their login information that allows them to access it, and (iii) the management of incoming mail reception and filtering settings.Where necessary, each BENEFICIARY guarantees that any third party accessing their email account is authorized by them to represent them and use their name. The BENEFICIARY agrees to immediately report any loss or abusive use of their email account. Until the reception of such notification, all actions carried out by a BENFICIARY through their email account will be deemed made by this BENEFICARY and will be exclusively responsible of the latter for all the legal consequences and the aforementioned regulation notifications.
Don’t forget that the signature of this agreement by your future recipient is very important : in case of legal dispute with your recipient, who might want to contest the legal validity of the notification that you have sent, their only chance of success would be to prove that they didn’t give their consent.
You must always be able to prove that your recipient has given you his/her agreement. It is even better if the agreement is included in all your contracts.