SERCQ and SERC: the legal value of tNoticeQ, tNotice CPF and tNotice Easy

Not all tNotice services are equal. Two legally distinct families coexist under the same brand: the qualified service tNoticeQ (SERCQ) and the tNotice CPF and tNotice Easy services (SERC). Understanding the difference is essential to pick the right tool for each communication.

The regulatory framework: two tiers, not one

Regulation (EU) No 910/2014 (eIDAS), as updated by Regulation (EU) 2024/1183, governs electronic registered delivery services on a two-tier model.

At the first tier, Article 3(1)(36) defines an electronic registered delivery service (SERC) as a service that enables the transmission of data between third parties by electronic means, provides evidence of sending and receipt of the data, and protects the data from the risk of loss, theft, damage or unauthorised alteration.

At the second tier, Article 3(1)(37) defines a qualified electronic registered delivery service (SERCQ) as a SERC that meets the more stringent requirements of Article 44: strong identification of sender and recipient, advanced electronic signature or seal by a qualified trust service provider, qualified electronic time stamp.

What changes on the evidentiary side

Article 43 of the eIDAS Regulation carves out the operational difference.

• The SERC enjoys a non-discrimination principle: data sent through a SERC cannot be denied legal effect or admissibility as evidence in legal proceedings solely on the grounds of their electronic form or because they do not meet the SERCQ requirements.
• The SERCQ enjoys a true legal presumption: integrity of the data, sending by the identified sender, receipt by the identified recipient, accuracy of the date and time.

In other words: SERC evidence is freely assessed by the court; SERCQ evidence is presumed by law to be intact and accurate unless proven otherwise.

tNoticeQ: the qualified service from inPoste.it

tNoticeQ is the only tNotice service that is eIDAS-qualified under Article 44. It is provided by inPoste.it S.p.A. as a Qualified Trust Service Provider and is listed in the EU Trusted List.

Under Italian law, Article 1, paragraph 1-ter, of the Italian Digital Administration Code (CAD) states that “where the law allows the use of certified electronic mail, the use of another qualified electronic registered delivery service under Articles 3(37) and 44 of the eIDAS Regulation is also permitted”.

Article 48 of the CAD further states that transmission via PEC is equivalent, unless the law provides otherwise, to notification by registered post.

Combining the two provisions:

tNoticeQ, PEC and registered mail with return receipt are legally fungible instruments.

They are ontologically different - their technical characteristics do not coincide - but the Italian legislator has explicitly equated their legal effects.

tNotice CPF and tNotice Easy: the SERC tier

tNotice CPF and tNotice Easy are non-qualified electronic registered delivery services (SERC). They meet the definition in Article 3(1)(36) eIDAS: they provide evidence of sending and receipt of the data and protect the data from loss, theft, damage or unauthorised alteration.

By explicit choice of the Italian legislator, the SERC is not equated with PEC: Article 1, paragraph 1-ter, of the CAD only mentions SERCQ. There remains, however, the possibility - on a definitional level - of placing the SERC close to ordinary registered mail, since both instruments guarantee at least proof of sending. The SERC additionally guarantees proof of receipt, but without the presumption regime reserved to SERCQ.

The evidentiary value of SERC evidence is therefore assessed case by case in court, based on the technical features of the service and the evidence produced.

When to use which service

The choice of service depends on the required evidentiary value and on the sectoral rules that apply.

• tNoticeQ is the right choice for communications where the law requires PEC or registered mail with return receipt, and for any case requiring the legal presumption of integrity and identification (formal notice of default under art. 1219 of the Italian Civil Code, formal demand for performance, contract termination for breach, advance notice of supply suspension under art. 1, paragraph 291, of Law 160/2019, mandatory customer communications in regulated sectors).
• tNotice CPF and tNotice Easy are the right choice for communications that do not require the SERCQ presumption: contractual welcome letters, payment reminders, friendly dunning that does not amount to a formal notice of default, privacy notices, mass informative mailings, contract changes consistent with the contract.

It is up to the sender to pick the most appropriate tool for each communication, taking into account the sector-specific rules and the evidentiary risk involved.

Digital domicile: only PEC or SERCQ

For completeness, Article 1, paragraph 1, letter n-ter), of the CAD defines digital domicile as an electronic address elected at a certified electronic mail service or a qualified electronic registered delivery service. SERC does not fall within the definition: it cannot be used to elect a digital domicile, not even a special one.

Legal references

• Regulation (EU) No 910/2014 (eIDAS), as updated by Regulation (EU) 2024/1183
• Commission Implementing Regulation (EU) 2025/1944 of 29 September 2025
• Legislative Decree of 7 March 2005, No 82 (Italian Digital Administration Code), Articles 1, 3-bis, 6, 48
• Presidential Decree of 11 February 2005, No 68 (PEC)
• Law of 27 December 2019, No 160, Article 1, paragraph 291

Public verification references

• inPoste.it S.p.A. in the EU Trusted List (opens in new window)
• tNoticeQ SERCQ service in the EU Trusted List (opens in new window)
• ACN qualification - Italian National Cybersecurity Agency (opens in new window)