Subject matter and scope
1. This Regulation establishes a uniform legal framework for the use of electronic communication between competent authorities in judicial cooperation procedures in civil, commercial and criminal matters and for the use of electronic communication between natural or legal persons and competent authorities in judicial procedures in civil and commercial matters.
In addition, it lays down rules on:
(a)
the use of videoconferencing or other distance communication technology for purposes other than the taking of evidence under Regulation (EU) 2020/1783;
(b)
the application of electronic signatures and electronic seals;
(c)
the legal effects of electronic documents;
(d)
electronic payment of fees.
2. This Regulation applies to electronic communication in judicial cooperation procedures in civil, commercial and criminal matters, as provided for in Articles 3 and 4, and hearings through videoconferencing or other means of distance communication technology in civil, commercial and criminal matters, as provided for in Articles 5 and 6.
Definitions
For the purposes of this Regulation, the following definitions apply:
(1)
‘competent authority’ means a court, public prosecutor’s office, central authority and other competent authorities defined in, designated or which are the subject of notification in accordance with, the legal acts listed in Annexes I and II, as well as Union bodies and agencies that take part in judicial cooperation procedures in accordance with the legal acts listed in Annex II; for the purposes of Article 5, ‘competent authority’ also means any court or other authority competent under Union or national law to conduct hearings through videoconferencing or other distance communication technology in civil and commercial matters; for the purposes of Article 6, ‘competent authority’ also means any court or other authority taking part in procedures laid down in the legal acts listed in Annex II;
(2)
‘electronic communication’ means the digital exchange of information over the internet or another electronic communication network;
(3)
‘decentralised IT system’ means a network of IT systems and interoperable access points, operating under the individual responsibility and management of each Member State, Union body or agency, that enables the secure and reliable cross-border exchange of information;
(4)
‘European electronic access point’ means a portal which is accessible to natural and legal persons or their representatives, throughout the Union, and is connected to an interoperable access point in the context of the decentralised IT system;
(5)
‘fees’ means payments levied by competent authorities in the context of proceedings under the legal acts listed in Annex I;
(6)
‘videoconferencing’ means audio-visual transmission technology that allows two-way and simultaneous communication of image and sound, thereby enabling visual, audio and oral interaction.
