The eDelivery or certified email in Colombia is a great ally to expedite communications developed in all areas in which having certainty about receiving the information is an important aspect. In that sense, both natural and legal persons under public or private law can benefit from this tool.
Under the provisions of Chapter III (Articles 17-25) of Law 527 of 1999) data messages are fully valid in legal transactions. In accordance with the provisions of the aforementioned Law, it is presumed that a data message comes from the “initiator” as long as:
- The procedure previously agreed upon with the initiator has been properly applied to establish that the data message actually came from him.
- The data message received by the recipient results from the actions of a person whose relationship with the initiator, or with a representative of his, has given him access to some method used by the initiator to identify a data message as his own.
Furthermore, the Law indicates that the acknowledgment of receipt of the message can be given through any communication from the recipient, any act of the recipient that is sufficient to indicate to the initiator the receipt of the message or any other form or method agreed by the parties prior to sending of the message.
As it can be seen, Colombian legislation is clear in establishing the required parameters so that a data message can be considered binding between the parties involved, thus generating reciprocal rights and obligations.
Although Law 527 of 1999 indicates the rules for presuming the sending and receiving of data messages, for evidence purposes it is better to have a certification from an independent entity that guarantees that the data message (email) was sent and received conformity. It is within the framework of this need that the certified email service becomes relevant, and the certifying document that Leypal has developed to demonstrate that the act has occurred.
Certified email as a tool
The certified email service is a tool that allows to have proof of receipt of the email by the recipient and, therefore, to ensure that the data message has the same legal and probative validity of a certified sending made by physical means.
With the use of certified email for the transmission of information, the following advantages are obtained:
- Proof of sending and delivering the message.
- Proof of Content because the technology used allows us to establish that the email message has not been altered and that way we can obtain evidence of its content.
- Effective equivalence since under Colombian regulations they can serve as a functional equivalent of certified physical mail.
- Cost benefit because the certified email has a lower pricing than the certified physical email.
The certified email in different fields
In the field of private law, email communications are of great help to expedite and control the negotiation and contract processes thanks to the fact that data messages have legal effects, validity and mandatory force. This makes the use of the certified email beneficial, since it allows the user to be certain about the sending, receiving, opening date and other data required for their message to become proof.
In the case of public law, the use of email as a means of notification is regulated by the Administrative Procedure and Contentious Administrative Code, specifically in article 53 where it is indicated that notifications may be made via certified email as long as the interested party declares that the notification can be done by such means.
In the tax area, Law 2010 of 2019 in Article 103 opened the possibility for notification via email to be the preferred way to notify administrative acts issued by the National Tax and Customs Directorate (DIAN) and the Pension Management Unit and Parafiscals (UGPP). For this purpose, said entities will use the email indicated in the Single Tax Registry.
For both public entities such as DIAN and the UGPP, the use of certified email becomes an ally in their procedures as they reduce costs associated with sending physical emails, provide certainty of the transmitted data and may have a traceability of the message chain, thus guaranteeing its probative value in case of a judicial dispute.
As you can see, certified email is a great tool to streamline processes and guarantee the content of messages in the face of a legal dispute. Leypal has sufficient technological tools to provide the certified email service is compliant with the requirements established in Colombian legislation. Our commitment is to help our clients streamline their legal processes through the use of technology. Get in touch with us and start using technology to benefit your needs.