Čeština
What is deemed delivery in a data box and what risks does it carry?
In the digital world of data boxes, a message is delivered either by your logging in or by the expiry of the statutory time limit. The latter is so-called deemed delivery.
HOW DOES THE 10-DAY LIMIT WORK WITH DATA BOXES?
If an authority sends you a document and you do not log in to your data box, the message is considered delivered on the 10th day after it is delivered to the box. It makes no difference whether you knew about it or whether your computer was broken at the time. From the tenth day, all the deadlines then start to run – for example, for paying tax, filing an appeal, or attending to give an explanation, and so on.
THE MAIN RISKS OF DEEMED DELIVERY FOR ENTREPRENEURS
- Missing an appeal: If a payment assessment arrives and you read it only a month later, the chance to defend yourself is probably irretrievably gone.
- Enforcement and fines: Deemed delivery allows courts to issue payment orders that become final and binding without you knowing about them (which can lead to an unexpected freezing of your account).
- Loss of control: The authority has fulfilled its duty to deliver the information, and the rest of the responsibility then lies entirely with you.
HOW TO EFFECTIVELY "DEFEND" AGAINST DEEMED DELIVERY?
- Set up notifications: Rather than waiting until you remember to check the box, have an e-mail alert sent to you about every new message in the box (this service is free).
- Check the box once a week: Even if a notification fails, a regular check, for example once every 7 days, gives you the certainty that you will genuinely never miss a 10-day limit.
- Delegate access: If you are going away on holiday, authorise access for your accountant or another reliable person who will take care of checking your data box.
| ⚠️ Important: Courts and authorities really do only very rarely accept technical problems or, say, the holiday mentioned above as grounds for the invalidity of deemed delivery of a message to your data box. Digital responsibility is genuinely taken just as seriously as physical responsibility. |
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