On the 1st August 2016 in Slovakia came into force Act No. 305/2013 Coll, on electronic form of force of public authority and on change and as amended (Act on e-Government) introducing electronic data boxes. This follows the Czech act from 2009. Question is whether Slovakia will face similar problems, especially concerning divisions and foreign persons, or whether they made sufficient preparations.

On the 1st of August 2016 data boxes for receiving documents were created for all natural persons and corporate bodies residing in Slovakia and divisions registered in the commercial register on the website www.slovensko.sk. The data boxes are created by the Government Office of the Slovak Republic automatically and free of charge to all citizens over 18 years.

The box is activated automatically during the first log-in of an operator to the e-portal. When activated the data box can be used for receiving documents from public authorities electronically. From the moment of the first log-in the operator is legally required to use the data box.  The whole process will be taking place over a period of time called the transitional period which ends on the 1st of January 2017. From this day on the operator will be legally required to use the data box regardless of whether it has been activated or not.  The obligation to use data boxes relates only to corporate bodies and divisions; for natural persons (i.e. self-employed persons) it is voluntary.

In reality this means that the data boxes will be used for sending or receiving legal documents from institutions and public authorities; for example from the business registry, commercial registry, penal registry etc. These documents in electronic form will have the same legal consequences as a paper copy. There will be a special proof of delivery system.

The only person with access to a data box of a corporate body will be its executive head. To activate it, i.e. to log into the e-portal, he or she must have an electronic national ID card with a personal security code (BOK in Czech). Foreigners must have an electronic residence document with a personal security code. If the executive head is a foreign person without such documentation, he or she must appoint an authorised representative with documentation (a Slovak citizen with an electronic national ID card). The granting of access with a certified signature of the owner of the box is to be sent by post to the address of the Government Office of the Slovak Republic. The executive head can also grant access to other people.

The information known to us now makes it clear that document delivery will have the same form as it had until now, meaning through the Financial Administration electronic portal using a certified electronic signature. While until now the forms were only sent electronically to the tax administration, from the 1st of January 2017 a new obligation to receive the electronic forms arises.

The most important advantages of data boxes include:

• Accessibility – forms can be submitted from anywhere (all you need is a computer and internet access)
• Saves money – electronic submission is subject to half the charge than paperbased submission
• Security – delivery and protection of data are guaranteed by law
• Awareness – operator will be informed about a new delivered document by a special notification

All of this will be relevant for many Czech companies with divisions in Slovakia. If you have any questions concerning this topic or require assistance with data box access granting, feel free to contact our firm.