Electronic notification of administrative acts by making them available for retrieval

(1) BaFin may, by way of derogation from section 41 of the Administrative Procedure Act, also give notice of an administrative act by making it available for retrieval over publicly accessible networks, provided the addressee of the notice has voluntarily opened electronic access or is obliged to do so by legal provision. BaFin must use a secure procedure that permits retrieval only after authentication of the entitled person and ensures the confidentiality and integrity of the data record.
(2) An administrative act made available for retrieval is deemed notified at the time of retrieval, or at the latest on the fifth calendar day after it was made available for retrieval over publicly accessible networks.
(3) By way of derogation from section 37(2), third sentence of the Administrative Procedure Act, a written confirmation of the administrative act may be required only where, on account of special circumstances of the individual case, there is a compelling legal interest in clarification or in securing evidence.