CHAPTER III

TRUST SERVICES
SECTION 7

Electronic registered delivery services

Legal effect of an electronic registered delivery service
Article 43
1
Data sent and received using an electronic registered delivery service shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements of the qualified electronic registered delivery service.
2
Data sent and received using a qualified electronic registered delivery service shall enjoy the presumption of the integrity of the data, the sending of that data by the identified sender, its receipt by the identified addressee and the accuracy of the date and time of sending and receipt indicated by the qualified electronic registered delivery service.

Requirements for qualified electronic registered delivery services
Article 44
1
Qualified electronic registered delivery services shall meet the following requirements:
a
they are provided by one or more qualified trust service provider(s);
b
they ensure with a high level of confidence the identification of the sender;
c
they ensure the identification of the addressee before the delivery of the data;
d
the sending and receiving of data is secured by an advanced electronic signature or an advanced electronic seal of a qualified trust service provider in such a manner as to preclude the possibility of the data being changed undetectably;
e
any change of the data needed for the purpose of sending or receiving the data is clearly indicated to the sender and addressee of the data;
f
the date and time of sending, receiving and any change of data are indicated by a qualified electronic time stamp.
In the event of the data being transferred between two or more qualified trust service providers, the requirements in points (a) to (f) shall apply to all the qualified trust service providers.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 44(2) omitted (31.12.2020) by virtue of The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/89), reg. 1(2), Sch. para. 35; 2020 c. 1, Sch. 5 para. 1(1)