Consumers
A debt collection agency can send a consumer debtor an electronic payment demand in a permanent manner if the consumer has explicitly consented to this. With the consumer’s consent, the payment demand can be sent as an e-invoice of a bank, by email or to an electronic mailbox (such as OmaPosti).
Sending the payment demand electronically in a permanent manner means that it must be sent to the recipient electronically so that the recipient can save the payment demand and repeat it in an unaltered form.
The consent is given to the debt collection agency or the creditor. The consent may already be given before the debt becomes due and it may concern more than one debt. If consent is given before the debt becomes due, it must be given in writing or electronically. It may not be a standard term of the contract. The consent is valid for a maximum of 12 months and it can be withdrawn at any time.
The consent must specify
- the electronic means by which the consumer agrees to receive payment demands
- the debt collection agency to which the consent has been given
- the debt or debts that the consent concerns, and
- the date and period of validity of the consent.
If the debt collection agency sends the payment demand by email it must take sufficient measures to ensure that the recipient has received the email by, for example, also sending a text message to the consumer in question.
Companies
As a rule, consent of the debtor is also required when a payment demand or a draft or a payment reminder preceding it is sent electronically to a corporate debtor. There are no specific requirements concerning the manner in which the consent should be given and its period of validity is not limited. It is recommended that the consent is given in writing so that any disagreements concerning interpretation can be avoided. The consent can be withdrawn at any time. The consent may also be part of the other contractual terms.
The electronic delivery method must be permanent. Sending the payment demand electronically in a permanent manner means that it must be sent to the recipient electronically so that the recipient can save the payment demand and repeat it in an unaltered form. Such permanent electronic means include an e-invoice of a bank, email or electronic mailbox (such as OmaPosti).
An electronic payment demand or an electronic payment reminder preceding a draft may be sent to a company even if the company in question has not explicitly consented to this method. This can be done if invoices have already been delivered in this manner during an established debtor-creditor relationship. However, the debtor always has the right to request that it would like to receive the payment demands in writing. In that case, no payment demands may be sent electronically even if such a method had been used in the past.
If the consent concerns more than one claim, it must at least specify
- the electronic means of receiving payment demands accepted by the debtor
- the debt collection agency to which the consent has been given
- the claims that the consent concerns, and
- how long the consent will be valid.
A draft may not be sent electronically on the basis of an established practice alone (without the debtor’s explicit consent).