The electronic registered delivery service is regulated by the Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market, the “eIDAS Regulation”, and by Article L.100 of the Postal and Electronic Communications Code (code des postes et des communications électroniques, CPCE) derived from the law n°2016-1321 of 7 October 2016 for a Digital Republic.
The ministry of Economy and Finances provides additional elements regarding the use of the electronic registered delivery services in a dedicated guide (French only).
Article 44 of the Regulation sets the requirements for qualified electronic registered delivery services.
Article 43 § 2 provides that data sent and received using a qualified electronic registered delivery service benefit from the presumption of:
Article 43 §1 deals with the legal effect and the admissibility of data sent and received using an electronic registered delivery service as evidence in legal proceedings when this service does not comply with the requirements of Article 44 aforementioned.
This Article provides the conditions of equivalence between the electronic registered delivery service and a registered letter. This equivalence is established as soon as the electronic registered delivery service is qualified, according to the requirements of Article 44 of the “eIDAS Regulation” aforementioned.
According to Article R. 53 of CPCE, derived from the Decree n°2018-347 of 9 May 2018 on electronic registered letter, an electronic registered letter (ERL) is a qualified electronic registered delivery service under Article L.100 of CPCE.
Qualified electronic registered delivery services under the “eIDAS Regulation” are delivered by providers of qualified electronic registered delivery services.
The list of products and services qualified by ANSSI is accessible at this address: https://www.ssi.gouv.fr/liste-produits-et-services-qualifies/. Trust service providers issuing qualified electronic signature certificates under the “eIDAS Regulation” are referenced in the category “Electronic registered delivery service”.