Article 28: Transmission by a Means Appropriate to the Medium
A document may be transmitted, sent or forwarded by any means appropriate to the medium, unless the exclusive use of a specific means of transmission is required by law. Where the law requires the use of mail, the requirement may be met by means of the technology appropriate to the medium of the document. Similarly, where the law requires the use of registered mail, the requirement may be met, in the case of a technology-based document, by means of an acknowledgement of receipt in the appropriate medium signed by the recipient, or by any other agreed method. Where the law requires the transmission or reception of a document at a specific address, the address shall comprise, in the case of a technology-based document, an identifier specific to the location where the recipient may receive communication of such document.
Act to establish a legal framework for information technology, art. 28
What this article means
Article 28 of the LCCJTI deals with the means of transmitting a document. The principle is broad: a document may be transmitted, sent, or forwarded by any means appropriate to its medium, unless the law requires the exclusive use of a specific means. The choice of channel (paper, email, platform) therefore depends on the medium and is only constrained where the law expressly imposes a specific means.
The article then addresses equivalence with traditional mail. Where the law requires the use of mail, the requirement may be met by the technology appropriate to the medium of the document. Important for proof: where the law requires registered mail, the requirement may, in the case of a technology-based document, be met by an acknowledgement of receipt in the appropriate medium signed by the recipient, or by any other agreed method.
Finally, the article specifies that, for a technology-based document, the "address" to which a document is sent or received comprises an identifier specific to the location where the recipient may receive it: for example an email address. This article clarifies how an electronic transmission can meet requirements the law historically tied to mail.
What it means for you
If you are the sender
Article 28 explains that a notice or a formal demand may be transmitted by a means appropriate to its medium, including by technological means, except where the law requires a specific means. Where a step refers to "registered mail," the technological equivalent involves an acknowledgement of receipt signed by the recipient or another agreed method.
In practice, for an email transmission, the timestamped proof from a certified email service helps establish the document's transmission and receipt, which article 31 governs. It remains preferable that the recipient use this email address as their usual means of communication.
If you are the recipient
Article 28 lets you transmit a notice or a formal demand by a means appropriate to its medium, including email, unless the law requires a specific means. The technological equivalent of registered mail rests on an acknowledgement of receipt signed by the recipient or another agreed method.
For an electronic transmission, the relevant address is the identifier (for example the email address) where the recipient may receive the document. Keep proof of the transmission; a certified email service produces it in timestamped form. It is important that the recipient use this address as their usual means of communication.