Electronic communication with authorities is legally binding

For example, while applications for state benefits to the authorities can also be made orally (and also rejected), other communication with the authorities requires the written form. For example, evidence often has to be submitted in writing. However, this does not mean that the document requested in writing must be submitted to the office in the original and on paper: since August 2013, the law to promote electronic administration (e-government law) has regulated the possibilities for electronic communication with the authorities.

If no written form is required, applications can also be made by telephone or chat

So if a document is requested in writing, it can be created and submitted electronically since 2013, with a few exceptions. According to the Heise information portal, the exceptions include marriage contracts, which can only be drawn up on paper and with notarial certification.

Traditionally, a declaration in written form always requires a handwritten signature. Copies, scans or faxes are now accepted as legally valid documents in many areas in addition to original documents. According to Heise, applications to the authorities can even be made by telephone or chat, provided this is available.

There are various ways of fulfilling the written form electronically

According to the e-government law, the electronic version of the written form must meet one of the following criteria when communicating with the authorities:

The document must have a qualified electronic signature. A qualified electronic signature does not correspond to a signature written on a tablet, for example, or a scan of a handwritten signature on paper, but must be created specifically using a computer program. Since this can be very time-consuming, Section 2 Paragraph 2 of the e-Government Act stipulates that every authority must have De-Mail access. De-Mail is a fee-based service that electronically signs a document for the sender. A De-Mail with confirmation of sending is considered to be the legally binding electronic version of the written form.

The document must be submitted via a web application of the competent authority, which requires secure electronic identification through the eID function of the new digital ID card.

This is a form that is required to be in writing and can be completed and submitted online. According to Section 13 of the e-government law, there is no signature field here, but the written form is still required.

Public authorities may not communicate electronically without the recipient’s permission

The following applies to the receipt of documents from the authorities: Official letters are also effective informally and can even be announced orally. For example, officials can orally reject certain applications. Heise explains that applicants can always request a written explanation for the refusal.

According to the information portal, electronic delivery is only permitted if the addressee has expressly consented to it beforehand. Otherwise, authorities are dependent on the post for written communication.

By the way: since 2013, according to paragraph 2 paragraph 1 of the e-government law, all authorities have been obliged to enable the electronic transmission of documents. In addition, there must always be the possibility of electronic proof of identity. Paragraph 3 paragraph 1 of the e-government law also states that all federal authorities must provide publicly accessible information about their telephone, postal and electronic availability. Accordingly, the accessibility data are now mostly noted on the websites of the authorities. Municipalities are only obliged to provide information about their electronic accessibility if the legislation of the federal state also provides for this.

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