Electronic registered mail Sending confidential documents electronically

To send registered IncaMail messages, senders must meet the following minimum requirements:

• Registered IncaMail account with e-mail verification
• Premium account or business customer contract

• Messages to recipients registered on other recognized delivery platforms are sent to the corresponding platform for delivery.
• Thanks to the «Auto-Accept» option, business customers can automatically accept IncaMail messages.
• If an IncaMail message cannot be delivered (e.g. because it has been rejected by the recipient’s system), the sender and recipient will be notified by means of a normal e-mail and the status of the message will be changed.

IncaMail account holders have the option of blocking registered IncaMail messages in the settings. Registered messages can be received via all existing product variants.

Once accepted, messages can still be opened by the recipient after the deadline has expired.

The ordinance adopted by the Swiss Confederation concerning the electronic transfer of documents within the context of civil and criminal proceedings and debt collection and bankruptcy proceedings and the ordinance on the electronic transfer of documents within the context of administrative proceedings (electronic transfer) oblige courts and authorities to accept submitted documents and to use a secure delivery platform. Similarly, lawyers and parties to proceedings, for example, can indicate that they wish to receive decisions electronically. At the end of 2010, IncaMail was recognized by the Swiss Confederation as a secure delivery platform. The «Registered» delivery type is designed to ensure that IncaMail complies with the eGov ordinances. All registered IncaMail users with a Premium account or a business customer contract can send registered documents.

The IncaMail «Registered» directory is operated by IncaMail and can only be viewed by IncaMail users. IncaMail customers therefore have the option of registering for the IncaMail registered message directory so that other users can search for them.
Every user can decide whether or not they want to be registered and visible in the directory for IncaMail registered messages. «Visible» means that other IncaMail customers can look for them in the directory.

The eGov participant directory is operated by the Federal Office of Justice in Switzerland. It contains the e-mail addresses of all persons who have registered for digital eGov registered mail. According to the Federal Department of Justice and Police, eGov registered mail is recognized only with an entry in the eGov participant directory (https://www.bj.admin.ch/bj/de/home/staat/rechtsinformatik/e-uebermittlung.html). The entry is made in the settings in the IncaMail web interface.

Note: You can also receive digital IncaMail registered messages without an entry in the eGov participant directory. With the exception of the «eGov» note, these are identical to eGov registered messages, including digitally signed PDF receipts. However, we recommend taking advantage of the option of an entry in the eGov participation directory for digital communication with public authorities by registered mail, as without it, authorities are not required to recognize a registered message.

Note on interoperability
Registered IncaMail messages are exchanged in an interoperable manner with other platforms recognized by the Confederation. If the recipient of a registered message is registered on another platform, the message is transferred to the other platform for delivery. As the sender, you receive the usual digitally signed submission and acceptance receipts from IncaMail.

To confirm IncaMail digital registered messages, the sender and recipient are sent a PDF receipt signed by Swiss Post in separate e-mails. These receipts provide secure cryptographic proof of the history of a registered message. Unlike receipts for registered letters, the receipts also prove that very specific content and attachments were sent with the registered message. IncaMail saves neither receipts nor registered messages. It is up to the sender and recipient to keep them if required.

The following receipts are created and sent:

• Delivery receipt: The message has reached IncaMail. 
• Acceptance receipt: The recipient has accepted the message.
  
• Verfallquittung: Die Annahmefrist ist ohne Aktivität der Empfängerin / des Empfängers abgelaufen.
• Expiry receipt: The acceptance deadline has expired without any action by the recipient.

In the event of an interoperable transfer via another recognized delivery platform as per communication with Swiss authorities, the receipt may also be sent by the other delivery platform.

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 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).