Identification procedures and activation of eBO mailboxes

TABLE OF CONTENTS

• Distinction of actors
• 1. Natural persons (e.g. individuals)
  • Identification
  • Instant activation
• 2. Organizations (incl. legal entities and partnerships)
  • Identification procedure
  • Address verification and SAFE registration
• 3. Classification of sole proprietors & partnerships

Distinction of actors

For the choice of the correct identification procedure, the classification of the participant is decisive:

• Natural persons: Individuals who use the eBO exclusively for private communication.
• Sole proprietors: Freelancers or tradespeople acting alone. They are classified as an organization as soon as the eBO is used for business purposes or a company address is stored.
• Partnerships: Associations such as GbR or OHG. These are always considered an organization in the eBO context.
• Organizations / Legal entities: Companies with their own legal personality (e.g. GmbH, AG) as well as clubs and associations.

Note: Assignment as an organization serves the legally secure addressability in the ERV-SAFE address directory so that courts and authorities can uniquely identify your mailbox.

1. Natural persons (e.g. individuals)

Identification

Identity verification usually takes place via electronic identification means (eID). The following means are primarily used for this:

• German electronic identity card (eID) in conjunction with the AusweisApp2.
• Electronic residence permits or eID cards from the EU/EEA area.

Identification is carried out either directly in the SAFE registration portal or via the AusweisApp.

Instant activation

Upon successful completion of the eID procedure, immediate activation of the eBO takes place, provided no differing address was specified. In this case, the mailbox is uniquely assigned to the natural person. The name and address data are published in the SAFE address directory and are thus addressable for courts and authorities.

2. Organizations (incl. legal entities and partnerships)

This category includes corporations (e.g. GmbH, AG), clubs, associations as well as sole proprietors or partnerships (e.g. GbR, OHG), provided they are to be listed as an organization in the eBO.

Note: Sole proprietors are not considered natural persons in this context if the eBO is used for business operations or a business address is stored.

Identification procedure

Due to the necessary authentication of a legal entity, the procedure for organizations is designed more complexly:

• Manual identification procedure: If a purely electronic check is not possible, manual proof is provided. This is done by submitting extracts from the commercial register or proof of business address. In certain cases, identification is carried out by a notary or the responsible judicial authority.
• Electronic seal: To confirm the company identity in the SAFE system, a qualified electronic seal (qeS) can be used alternatively or additionally.

Address verification and SAFE registration

In case of deviations between the business address and personal data (especially for sole proprietors/partnerships), the address is additionally verified via a PIN letter. The eBO is only activated after successful validation. The organization data (name, legal form, registered office) are then stored in the SAFE address directory for unique addressing.

3. Classification of sole proprietors & partnerships

For correct classification in the registration process, a distinction is made between two application scenarios:

1. Privately used eBO: If the mailbox is used exclusively for private communication, the identification procedure for natural persons applies.
2. Commercially used eBO: When used in a business context (e.g. correspondence with courts), classification is under "Organizations". The rules for manual identification or proof of organization apply.

This equation with partnerships ensures legal assignment and addressability within the ERV-SAFE system.