Since January 2025st of this year, a new development has shaken the world of Italian businesses: the obligation to have a personal Certified Electronic Mailbox for company directors. This measure, introduced with the XNUMX Budget Law, marks a turning point in the field of official communications between companies and public administration. The PEC, created to guarantee the legal certainty of digital communications, thus becomes an essential tool also for those who lead companies, both individuals and corporations. Certified electronic mail, which may also be necessary one-off for an ordinary private citizen - and in this regard Letterasenzabusta.com explains how to activate PEC for free – is proposed as the digital equivalent of registered mail with return receipt, ensuring that the sent message is delivered and that the sender receives confirmation of receipt from the recipient. This system offers greater security and traceability in official communications, eliminating the ambiguities and uncertainties typical of ordinary emails. The decision to make PEC mandatory for administrators was presented as a step forward towards greater transparency and more efficient interaction with public bodies.
The stated intent is in fact to simplify and speed up communications between the public administration and company directors, who will now have to communicate their digital domicile to the Company Register, under penalty of administrative sanctions. This means that all official communications, from those of a legal nature to those relating to administrative practices, will pass through this certified digital channel, ensuring that the information reaches the recipient in a secure and traceable manner. The obligation, in theory, should make it easier to manage bureaucratic practices, but in practice it could translate into an additional burden for directors, forced to familiarize themselves with a new tool and update their contacts at the Company Register.
The introduction of this regulation raises some still unresolved questions. First of all, it remains unclear whether the obligation will apply exclusively to directors who have been appointed starting from 1 January 2025 or whether it will also include those who already hold the role in existing companies. This uncertainty is generating doubts in the sector and requires a clarifying intervention by the competent authorities. Another critical issue concerns the sanctions envisaged for those who do not comply with the new provision: although the regulation does not specify the details, it is assumed that they could be similar to those already applied to companies, with fines that could range between 206 and 2.064 euros. Defining this aspect precisely is essential to provide a certain regulatory framework and encourage directors to comply promptly.
Further doubts arise regarding the use of PEC for directors who hold positions in multiple companies. It has not yet been clarified whether it will be sufficient to have a single personal PEC mailbox or whether it will be necessary to have multiple addresses, one for each position. Also in this case, an official clarification is essential to eliminate ambiguities and allow directors to act with greater awareness. The most widespread interpretation believes that a personal PEC may be sufficient, but a definitive confirmation is awaited to avoid any application discrepancies.
To further complicate the situation, there is the need to adapt the communication procedures to the Company Register, through the Dire application, to allow the insertion and updating of the certified email addresses of administrators. Technical specifications will be needed to make this transition effective, and businesses and administrators are urged to carefully monitor regulatory developments. The introduction of this requirement can be seen, on the one hand, as an important step towards the digitalization of public administration, but, on the other, it may represent an additional burden for businesses, especially smaller ones. The imposition of new administrative duties could generate discontent and resistance among administrators, especially if the procedures for complying with the new legislation prove to be complex or unclear. The real test will be the ability of institutions to communicate effectively and provide adequate support to all those who will have to adapt to the change.
The full implementation of this rule will depend on the issuance of detailed implementing provisions that will define the technical and operational aspects that are still unclear. The goal is to make PEC a useful and accessible tool for everyone, and not yet another bureaucratic burden. This obligation represents a significant evolution in the panorama of official communications for Italian companies, and its effectiveness will depend largely on the clarity of the implementing provisions and the ability of administrators to adopt this new tool. Despite the critical issues and uncertainties that still remain, the obligation of personal PEC for company directors represents a sign of a public administration increasingly oriented towards digitalization and simplification of processes, even if the next few months will be decisive in understanding whether this promise will translate into reality or whether a new bureaucratic burden will simply be added for companies and their administrators. The hope is that this change will truly bring an improvement and not a further complication.
Article published on 9 January 2025 - 13:06
