New Electronic Service and Notification Regime

Legal Update: New Electronic Service and Notification Regime for Companies and Individuals

On November 7, 2024, Decree-Law No. 87/2024 was published, establishing a new framework for electronic summons and notifications, now the main option for legal entities and available as an alternative for individuals. See below the main points of this reform that aims to make judicial communication more agile and digital.

Main Changes to the Service and Notification Process

1. Implementation of Electronic Citation as a Standard for Legal Entities

The new legislation mandates that electronic service is the preferred method for companies, replacing the previous practice of postal service. Companies must associate an email with a reserved digital area, where they can receive legal communications.

2. How Electronic Citation works

Each legal entity must now set up a digital area with a registered email address, where all citations will be made available. Soon, a regulation will be published detailing the platform where this registration must take place.

3. Citation Effective Date

• System Consultation: If the company consults the subpoena in the digital area, the subpoena is considered to have been made on the day of the consultation.
• No Consultation in 8 Days: If the subpoena is not consulted within eight days, the company will also be notified by letter to the head office. However, even without consultation, the summons will be considered made after these eight days.
• Absence of Electronic Address: Companies that do not associate an email will continue to receive the summons by letter, but now in a single sending. If this is not received, it will be deposited in the post office box, the summons will be considered valid and a postal fee of €51 will apply.

4. Notification Regime

Electronic notifications will be valid three days after sending, and will be considered made after this period. If the company chooses not to associate an email, it will continue to be notified by letter, also valid for three days after sending.

5. Optional Membership for Individuals

Although electronic notification is the rule for companies, individuals have the option of joining the system. If you choose this method, you must associate an email with your reserved area for consultation. After service, individuals will have:

• 8 Days for Consultation: The system will send a postal notice to the residence if the citation is not consulted within eight days.
• 30-Day Deadline: If the subpoena remains unchecked within 30 days, the case will be transferred to a personal subpoena via enforcement agent or court clerk.

6. Updates to Codes and Related Legislation

The diploma introduces several updates to the Code of Civil Procedure, the Code of Insolvency and Business Recovery (CIRE), the Code of Labor Procedure and the Code of Procedure in Administrative Courts. For insolvency proceedings, summonses and notifications will, whenever possible, be made electronically.

7. Entry into Force

The provisions of the decree-law will take effect from November 10, 2024 for legal proceedings. In administrative and tax courts, the application of the new regime is only scheduled for September 2025, ensuring gradual adaptation.