Electronic service by making documents available for retrieval

(1) BaFin may, by way of derogation from section 5 of the Administrative Service of Documents Act, effect service on recipients who are obliged by legal provision to use an electronic communication procedure, also by making an electronic document available for retrieval through the electronic communication procedure. BaFin must use a secure procedure that permits retrieval only after authentication of the entitled person and ensures the confidentiality and integrity of the electronic document made available. The electronic document must be marked in the subject line as a matter for service. Section 4f(3) applies accordingly.
(2) Service under subsection (1) is deemed effected on retrieval, or at the latest on the fifth calendar day after the electronic document was made available for retrieval. Proof of service is sufficiently established by an electronic log of the retrieval in the electronic communication procedure, or by a note in the files stating the time at which the document was made available for retrieval. Section 437 of the Code of Civil Procedure applies accordingly to the electronic logging of the retrieval in the electronic communication procedure under the second sentence.