How Germany is helping email become legally binding

11.08.2010
The email has proven to be one of the most important digital communication media to date. It has refused to be overawed by technical progress in the world of IT or by the emergence of social networking. And it will retain its place in the future. But one particular initiative, driven by the German Government, is coming onto the scene that may well have an impact on email communication, namely ‘De-Mail’.

Lack of legal certainty when it comes to emails
The strength of email as a medium lies in its simplicity – and it is precisely this simplicity that makes emails vulnerable. As a result, it is relatively simple to send emails under a false name – a fact exploited all too easily by senders of spam. The content of emails can also be intercepted or amended en route over the Internet. Furthermore, legally binding confirmation of receipt, as in the case of registered post, is not possible with email.

Any number of methods have been developed to address these issues. Digital signatures can be added to emails for example so that false sender addresses can be identified. This is the approach we use for emails sent via our ASP service.

However, this still does not ensure that the content of the email is legally binding. Although there are ways of achieving this, none have successfully taken off to the required extent. As a result, most legal transactions still require a posted item signed by hand.

De-Mail: Legal authenticity as per registered post
The De-Mail initiative launched by the German Government in collaboration with its technology partners aims to confer the normal legal certainty associated with 'snail mail' onto electronic letters. The idea is underpinned by legislation that has been specifically designed for this purpose – the De-Mail Act.

Anyone who meets the requirements laid down in the Act can become a ‘De-Mail Provider’. At the moment, this comprises Germany’s three large Internet service providers GMX, Web.de and Deutsche Telekom. Others are getting ready to follow suit. Potential users can already reserve their preferred addresses with the providers free of charge, but won’t be able to use them until 2011. De-Mail addresses always end in ‘de-mail.de’ – another factor governed by the Act.

One of the most important aspects of legally binding email is the guarantee that everyone involved in the email correspondence is actually who they say they are. When applying for a De-Mail address, you therefore have to make a one-off visit to the relevant authority to prove your identity or you can do so via your computer in the comfort of your own home using the new electronic identity cards that are being introduced in Germany in late 2010. In contrast to freemailer addresses, an ID check is mandatory. If requested, the sender receives confirmation of dispatch and receipt – just like registered post.

Privacy of correspondence preserved
Once the one-off registration process is complete, German citizens will be able to start sending De-Mails from 2011. The legally binding emails are signed electronically and encrypted while en route to the recipient. Once sent, no interception or modification is possible. Either the new German identity card or a ‘mobile TAN number’, which is sent to the sender’s mobile by SMS, will be used as a signature.

Exchanging messages between different De-Mail providers presents no problems. What is not possible, however, is legally binding email correspondence between a De-Mail address and a conventional email address. I would, however, expect that as time goes on, the majority of citizens, companies and authorities will have a De-Mail address.

Low usage fees instead of high postal charges
De-Mail services cannot, of course, be used for free. Providers will be charging a usage fee. Prices around EUR 0.15 are currently under discussion. Other premium services, such as ‘Registered mail’ based on its snail mail predecessor or the hybrid letter – another interesting option – will attract other charges. In the case of a hybrid letter, the De-Mail will be delivered to the recipient as a genuine item by post.

Conclusion
What I like about the De-Mail initiative overall is the fact that professionals in the field have clearly been involved in the project. For companies, it will be relatively easy to seamlessly integrate their email correspondence into the De-Mail system. Employees will still use the email programs they are familiar with and be able to send legally binding emails to recipients in the De-Mail network.

In my opinion, De-Mail will become well established in Germany because it is a simple process based on tried and tested technology. What’s more, anyone is free to become a De-Mail provider themselves – as long as they comply with the law. This represents a welcome and important step for email as a communication medium. And perhaps the De-Mail process will even take off overseas, enabling legally binding email correspondence to take place internationally.