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How it works

Can a tNotice end up in the junk mail?

Spam filters never guarantee that an e-mail, whether certified or not, will end up in the junk mail, since they can be set up with “personal” filters by the user.

tNotice uses a certified mail server that guarantees a safe and appropriate use of the tool.

 

Can I use an e-mail address that the recipient did not give me?

The e-mail address constitutes personal data, which is subject to the general principles laid down by the code on the protection of personal data (Legislative Decree n. 196/2003). Therefore, in order to write in any form or manner to an e-mail address you must be authorized in advance, in an active or passive form, to use of the recipient’s e-mail address.

An active form of consent, for example, is the indication of an e-mail address in a contract, such as to constitute a special address for communications.

A passive form of consent, for example, is the indication of an e-mail address on letterhead or business cards, if addressed to you.

A passive form of consent in a more extensive meaning is the indication of an e-mail address in public registers and documents and on the website of the principal or of the organization to which the email itself belongs. In all these cases there is a demonstrated willingness of the recipient to receive e-mail communications at the addresses communicated or published by the recipient himself.

What happens if I do not actually read a tNotice?

If you fail to actually read a tNotice the same effect ensues as if the traditional storage time envisaged for registered letters had lapsed, but with an even stronger value. A digital storage notice is delivered and tracked indicating the sender’s address and the subject of the message; this itself is a message, with regards to which the recipient did not take action to actually read the message below.

Do you receive a tNotice for free?

Yes, you receive and read a tNotice for free. However, in order to view the content it is necessary to register with the website (another step that is completely free of charge). This is part of the technical, postal and legal procedure that tNotice uses to identify the recipient.

To ensure access to the internet also to people who do not have a computer and public data network or that in any case are not capable of using these means, tNotice has signed an agreement with the Consumer Associations for the Service Charter (Quality Charter) which may be collected or sent also via the national Tax Advice Centres (CAF).

How do I register with tNotice?

You do not need to receive an invitation in order to register for tNotice; the registration process is free of charge. Just visit the website https://app.tnotice.com/Account/Register.aspx and fill in the application form you will find on the webpage.

To date, less than 3% of the users have experienced technical problems during registration. Should you experience any problems, we kindly ask you to contact us by using the contact form, or via Twitter or Facebook.

Legal value

Legal value

There is no provision in our legal system that confers specific legal value to the registered mail with

acknowledgement of receipt: the only positive law provision relevant with regards to this issue is article 1335 of the Italian civil code, constantly referred to by the jurisprudence of legitimacy (ex multis, Court of Cassation 24 July 2007, n. 16327), which states:

[...] The proposal, the acceptance, their revocation and any other statement addressed to a specific person are

considered to be known when they arrive at the recipient’s address. [...]

The value that is usually attributed to the “traditional” registered mail with acknowledgement of receipt (i.e., the presumption that the message has reached the recipient or, in the case of a negative result, the certainty that all the formalities for ensuring that the message is at the recipient’s disposal have been carried out) derives, therefore, solely from compliance with certain procedures and from a series of ensuing notices (acknowledgement of receipt and notice of storage).

Further innovative means of communication may have a legal value equivalent to that of the traditional registered mail, as is already provided for in Article 17 of the Ministerial Decree 9 April 2001.

tNotice is a digital communication process equivalent to registered mail, with the acceptance and the tracking of dispatch via electronic means, notice of storage that is delivered to the digital mailbox (e-mail) and the delivery receipt signed by the recipient via the Web.

tNotice is a service of inPoste.it, postal operator with authorization n. AUG / 3432/2014 of the Ministry for Economic Development, Communications Department – Directorate General – II Division.

Why does tNotice have a stronger legal value?

The procedure followed by tNotice, with regards to the certification of dispatch, does not differ in content and does not provide a lower degree of certainty compared with the traditional registered letter, as it transfers on

computer-readable format the same steps followed by the dispatch procedure of a traditional registered letter. The same procedure of delivery to the recipient via the postal official is followed: unlike the “traditional” registered letter, the mail can also be delivered to an internet address and (almost) in real time, as all intermediate physical, paper-related steps between the sender and the post office of destination are eliminated.

The identical manner of delivery of both the traditional registered letter and tNotice certifies in both cases that an “envelope containing the message” was delivered, or that all attempts possible in order to do so were made (and the certification value and related “legal value” are limited to this).

Yet, to prove that an envelope was delivered does not prove that the content of the message was delivered, since the recipient could always claim that the envelope contained no message or that it contained a different document. The jurisprudence of legitimacy ruled in this respect when it established the principle that “the mere receipt of the registered envelope by the recipient does not constitute proof of the contents of the same.”

In order to prove the receipt of the content by the recipient, the notice must be served by a bailiff (which is

considered valid unless an action for fraud is brought pursuant to article 2700 of the Italian Civil Code).

With the judgment of legitimacy of the Supreme Court, 12 May 2005 n. 10021, the Court of Cassation shifted the burden of proof to the sender, ruling that: the sender must be able to give evidence that the content of the message sent by registered mail is exactly the same content that the recipient received.

This would be possible if a notary public were present at the post office and if the same produced a certified copy of the message, put it in the envelope with an identification number of the registered mail and ultimately certified the dispatch from the post office on the certified copy.

tNotice solves and innovates, by producing an individual print of the document and of all its attachments in theacceptance phase; we could define it as the DNA of the content of the message, without the need to open or read the documents, in compliance with article 15 of the Constitution.

When the recipient collects the message tNotice produces a new print of the document and verifies that the latter and the initial print match. Only if the two prints match does it produce a Forensic Postal Certificate (CPF) stating that the content sent by the sender with the identification the one delivered to and received by the recipient.

What value does the signature on the Forensic Postal Certificate have?

The qualified digital signature on the Forensic Postal Certificate is the same type of signature used by the

Municipal offices with regards to the online personal certificates authorized by the Ministry of the Interior.

It has full legal force and it displays effects with regard to third parties.

What value does tNotice’s signature for receipt have?

The electronic signature made by the recipient during the collection phase is a simple signature, and as such liable to be disowned, the same way as a signature on the traditional acknowledgement of receipt would be, which is not a notarized signature, but tNotice offers a stronger degree of certainty by qualifying the receiver based on his name, surname, role and identification document details.

Does the traditional acknowledgement of receipt state who the receiver signing the receipt is? No. Has he been qualified? No.

tNotice does all this with the electronic signature in accordance with article 1, paragraph 1, letter. q) of Legislative Decree n. 82/2005.

Is it compulsory to identify the sender?

There is no need; the post office official – in accordance with article 3, Ministerial Decree 9 April 2001, published in the Official Gazette 95/2011 – is not required to identify the person sending the letter, but has merely to take note of what they stated whilst filling in the data required for acceptance.

In addition, users that are registered and identified with tNotice can subscribe their documents and messages with a simplified electronic signature, pursuant to article 1, paragraph 1, letter q) of Legislative Decree n. 82/2005.

Does the delivery of a registered letter prove also its content?

To prove that an envelope was delivered does not prove that the content of the message was delivered, since the recipient could always claim that the envelope contained no message or that it contained a different document.

The jurisprudence of legitimacy ruled in this respect when it established the principle that

the mere receipt of the registered envelope by the recipient does not constitute proof of the contents of the same.

Moreover, the traditional registered letter does not fully guarantee the sender.

The jurisprudence of legitimacy has been debating for many years now on the actual probative value of the registered letter as well as on the allocation of the burden of proof in the event of any disputes.

According to a judiciary trend (Court of Cassation 10021/2005), the registered letter in itself proves only the date of dispatch and of receipt of the envelope, but not the date of dispatch and receipt of the “content”. In the event an objection is raised it would be the sender’s burden to prove the actual content.

This principle, however, was disregarded by other rulings (Cassation 20144/2005), which, on the contrary, shift said burden to the recipient.

The key element relevant to the present issue, is the fact that there may be disputes regarding the contents of the registered letter.

tNotice solves and innovates, by producing a print of the document and of all its attachments in the acceptance phase; we could define it as the DNA of the content of the message, without the need to open or read the documents, in compliance with article 15 of the Constitution.

When the recipient collects the message tNotice produces a new print of the document and verifies that the latter and the initial print correspond. Only if the two prints match does it produce a Forensic Postal Certificate (CPF) stating that the content sent by the sender with the identification number of the registered letter is exactly the same as the one delivered to and received by the recipient.

Why does the Forensic Postal Certificate have legal value?

The Forensic Postal Certificate (CPF) is issued by an authorized postal operator and it has a stronger legal value (i.e. it is presumed to be valid until an action for fraud is brought). The Forensic Postal Certificate is always subscribed with qualified digital signature and qualified electronic seal. The electronic seal cannot be denied as having legal effects and the liability to be admitted as evidence in legal proceedings solely on the grounds of its electronic form.

A qualified electronic seal is provided with the legal presumption that guarantees its origin and the integrity of the data it is associated with.

The Forensic Postal Certificate has a two-fold value: it has both a qualified electronic signature and a qualified electronic seal, which do not alter the legal value even during materialization and printing of the document; it never contains dynamic data or elements.

Security

Is the transmission of data safe with tNotice?

Absolutely. tNotice uses the SSL security protocol, the one used also by Banks, the famous green padlock that ensures safe Web browsing.

tNotice’s identity is verified by GeoTrust Certification Authority and the connection is protected using 128-bit encryption.

Why is the processing of personal data safe with tNotice?

The Regulation of the European Parliament and of the Council n. 910/2014 of 23 July 2014 (O.J. L. 257 of 28 August 2014) on electronic identification and trust services for electronic transactions in the internal market, transposed by all Member States in accordance with article 114 of the European treaty, known as eIDAS, effective as of 17 September 2014, requires operators of the service and supervisory authorities to ensure the processing of personal data in a fair and lawful manner pursuant to Directive 95/46/EC.

The new eIDAS Regulation shall in fact be applicable only starting from the 1st of July 2016 (as provided by Article 52, paragraph 2).

tNotice (service of inPoste.it), by virtue of authorization of the Ministry for Economic Development, from 6 March 2014 is subject to the Italian Communications Authority (AGCOM) under Decree-Law 6 December 2011, n. 201, converted by Law 22 December 2011, n. 214, and has voluntarily abided by the new provisions on the security of data processing, ahead of the legal deadline set for 2016.

How are tNotice’s security measures verified?

tNotice (service of inPoste.it), in its quality as postal operator providing trust services is subject to an audit at least once a year by a recognized independent body, so as to confirm that the services provided meet the new security requirements referred to by article 19, paragraph 1 of EU Regulation N. 910/2014 in force as of 17 September 2014.

The new eIDAS Regulation shall in fact be applicable only starting from the 1st of July 2016 (as provided by Article 52, paragraph 2).

The report on the security audit shall be deposited, and updated every 24 months, with the supervisory body in accordance with the terms of law (article 20, paragraph 1 of EU Regulation N. 910/2014).

During the transitional period until the implementation of the new Regulation, tNotice shall notify of its own accord every year – that is improving the minimum audit terms set every 24 months – the report on the security audit carried out by a recognized independent body to: the Ministry for Economic Development, the Communications Authority (AGCOM) and the Digital Agency for Italy (AGID) set up within the Presidency of the Council of Ministers.

What are the new legal security requirements?

The suppliers of trust services, such as tNotice, established in the European Union shall adopt appropriate technical and organizational measures to manage the security risks of the trust services they offer. In the light of the current knowledge, these measures shall ensure a level of security that is proportionate to the existing level of risk. In particular, measures shall be adopted to prevent and minimize the impact of security related incidents and the parties involved shall be informed of the negative effects of any such incidents (Article 19, paragraph 1, EU Regulation N. 910/2014).

The new eIDAS Regulation shall in fact be applicable only starting from the 1st of July 2016 (as provided by Article 52, paragraph 2).

tNotice uses an SSL security protocol (the famous green padlock you see when you access – for example – the website of your Bank) to exchange data with its users via a safe connection using 128-bit criptography. The identity of tNotice’s server is verified by the Certification Authority GeoTrust Inc. (USA).

The certification and authenticity of tNotice’s web application is guaranteed under Article 45, paragraph 1 EU Regulation N. 910/2014.

Use of tNotice

Can I use it to communicate the assignment of the agreement to the landlord?

Article 36 of Law 392/1978 (Fair Rent Act) requires the tenant who intends to sublet the property or assign the non-residential lease agreement to notify the landlord by registered letter with acknowledgment of receipt; the latter will have thirty days to object to the assignment or to the sublease.

It is clear that the legislature requires the use of registered mail for a specific purpose, that is in order to establish an initial date from which the term of thirty days starts within which the landlord may object.

In light of both article 1335 of the Italian civil code and of the recent ruling of the Court of Cassation (12 May 2005 n. 10021), the receipt of the registered letter with acknowledgment of receipt shall have the following effects:

  • the day of receipt by the landlord shall be the initial legal date to calculate the term of thirty days within which the objection may be filed;
  • within court proceedings, if the landlord claims that the registered letter did not contain the communication concerning the tenant’s intention to sublet or assign the lease agreement, the burden of proving the actual content will be borne by the tenant, thus frustrating the probative power of the registered letter.

If the same message were sent via tNotice there would be greater certainty:

  • the day the storage notice is received shall be the starting moment from which the term of thirty days to file the objection starts running; said storage notice lists the sender, the recipient and the subject of the message;
  • the certification concerning the effective receipt and the content of the message by means of the Forensic Mail Certificate (CPF) shall confer to the message the probative value that the traditional registered mail could not confer; in other words, the landlord may no longer impose on the tenant the burden of proving the contents of the registered e-mail sent via tNotice, since the receipt of the latter results in this additional certification.

If you leave a tNotice unclaimed the same effect ensues as if the traditional storage time envisaged for registered letters had lapsed, but with an even stronger value. A digital storage notice is delivered and tracked indicating the sender’s address and the subject of the message; this itself is a message, with regards to which the recipient did not take action to actually the communication below.

Can you send a tNotice also to a geographical address?

Yes, within a few months you may send your tNotice also to a physical address without the need to print it and put it in an envelope and, moreover, without the need for the recipient to have an e-mail address.

Can tNotice deliver a fine?

tNotice will never deliver you tax notices (i.e. payment demands issued from the tax office), judicial documents or fines under the highway code. This is established by the law. Therefore, tNotice is used to exchange contracts, terminations, for overdue payments, for evictions, to inform you of any winnings and for any other communications.

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