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comments of Zbynek Loebl to the draft IRT report
- To: "irtp-draft-report@xxxxxxxxx" <irtp-draft-report@xxxxxxxxx>
- Subject: comments of Zbynek Loebl to the draft IRT report
- From: "zbynek.loebl@xxxxxx" <zbynek.loebl@xxxxxx>
- Date: Wed, 6 May 2009 22:02:22 +0200
The draft IRT report is very interesting and thoughtful document which
corresponds to the modern needs of internet community. I have two suggestions
related to the draft Uniform Rapid Suspension System (URS):
I suggest that any URS may always be started by electronic-only filing,
provided such electronic filing fulfills the same functions in relation to the
electronic filing as handwritten signature fulfills in relation to hardcopy
documents. Such functions include establishing the identity of the party (or
its authorized representative) communicating and/or filing documents and
providing strong evidence that the integrity of the communications or documents
sent has been preserved and that the party approves of and intends to be bound
by the content of the filed documents.
In addition, I suggest that the URS provider is not obliged to send the
complaint to the respondent by registered mail if it has achieved actual notice
of the respondent by other means – e.g. by respondent’s accessing the complaint
in the respective case file on the on-line platform, which can be evidenced by
a data log of the provider.
Zbynek Loebl, in my personal capacity
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