The legal effects of IncaMail messages sent and received using the «Registered» dispatch type shall be governed in individual cases by the applicable statutory provisions and judicial and institutional practice of the national jurisdiction responsible for adjudication, as well as any existing private agreements. See also https://www.bj.admin.ch/bj/de/home/staat/rechtsinformatik/e-uebermittlung.html.
It is the exclusive responsibility of the customer to undertake due diligence concerning the legal effect and admissibility of electronically transmitted messages in individual cases.
The following facts must apply to IncaMail registered messages to ensure legal evaluation:
- The PDF receipts contain all relevant data and are signed electronically by Swiss Post.
- As an independent third party, Swiss Post can, on request, provide evidence of transaction data at any time by means of log files (but not the associated content).
- Transmissions within the framework of the Ordinance of 18 June 2010 on Electronic Service in Civil and Criminal Proceedings and Debt Enforcement and Bankruptcy Procedures comply with this ordinance.
As per the requirements of the Federal Department of Justice and Police (FDJP), we wish to point out that end-to-end encryption of electronic messages is not required: An unencrypted message can be available on the delivery platform in unencrypted format and can therefore be viewed by service providers or commissioned third parties, even if this prohibited. Users who cannot take the risk of a document being seen must not use the delivery platform or must use additional encryption for the message (e.g. the recipient’s public signature key).