3. Use of email
3.3 Inclusion in the file of any email exchange
If email is used, it is essential to ensure that email exchanges are properly documented in the file by sending the result of the consultation to the applicant for information with no time limit. This ensures that the exchange is included in the public part of the file and that the applicant is aware of this.
Submissions filed by email during a consultation or during oral proceedings held by videoconference, including all attachments, should be annexed to the minutes (see E‑III, 8.5.2 for details). Documents submitted during personal consultations do not need to contain a date.
As a rule, it is not necessary to remove personal data (such as email addresses, postal addresses or telephone numbers) from emails annexed to the minutes of personal consultations unless there is an explicit request.
Where the submitted document requires a signature, e.g. if the email comprises amended application documents, the signature may be applied to the attached document or to the text of the accompanying email. In both cases, the signature may be a typewritten (text-string) signature (i.e. a typed name and position of the sender) or a facsimile signature (i.e. a reproduction of a manual signature).
If a valid signature is included in the submitted document, it is not necessary to annex the email to the minutes. If the signature is only included in the email, the email needs to be annexed to the minutes to document the authenticity of the submission and for compliance with Rule 50(3). When there is a request to exclude personal data from the file inspection, the party should be encouraged to sign the submitted document so it is not necessary to annex the email to the minutes.