Digitalisation Regulation - Member State notifications

1. National IT portals for communicating with courts or other authorities

Article 17(1)(a) – national IT portals for communicating with courts or other authorities.

the name of the national IT portal and a link thereto;

information on whether only citizens and/or residents and/or legal persons established in the territory of your Member State have access to the portal or whether such access is granted to foreign citizens and/or non-residents and legal persons established in the territory of another Member State, and whether lawyers or representatives from other Member States are also granted access to national IT portals;

The portal is accessible to anyone with an Estonian electronic identification tool (ID card, mobile-ID, smart-ID). Foreign nationals can apply for e-residence, which also provides the possibility to use electronic identification tools.

for what purpose the portal is used;

The portal is used to submit documents, receive documents and access the file in judicial proceedings. In addition, the portal offers the possibility to obtain the calendar, time limits and reminder related to judicial proceedings. It is possible to submit documents to the police and the prosecutor’s office and access a criminal case file via the portal. Portal users can commence enforcement proceedings and access criminal records.

what methods of identification of the users are used;

ID card, mobile-ID, smart-ID and, for prisoners, facial recognition (requires electronic identification).

what the special requirements for the use of the portal are, if any.

Lawyers and State and local government officials must only use the e-File portal to communicate with the court. If the portal user has not accepted the documents sent to them by the court within 20 days, the right of the portal user to use the portal will be restricted.

2. National law on videoconferencing in civil and commercial matters

Article 17(1)(b) – national law on videoconferencing in civil and commercial matters.

The information in this section should give sufficient information to the people who will participate in videoconferencing about the national law and procedures that would make it possible for them to participate in the remote hearing. The information should include the following:

information about the applicable national law and procedure, including applicable procedural rights and safeguards, for conducting an examination through videoconferencing or other distance communication technology;

Participation in a hearing in civil proceedings is governed by Section 350 of the Code of Civil Procedure.

Section 350. Hearing with distance participation

(1) The court may hold a hearing with distance participation such that it is possible for a party to the proceedings or their representative or adviser to be off-venue during the time of the hearing and perform procedural operations in real time from the off-venue location.

(2) A witness or expert may also be examined by the method specified in subsection 1 of this section, and the party to the proceedings who is off-venue may put questions to them.

(3) In a hearing held with distance participation, the right of every party to the proceedings to make representations, motions and applications and to formulate an opinion on the representations, motions and applications of other parties to the proceedings must be guaranteed in a technically secure manner, as must any other conditions at the hearing when transmitted in real time, in both image and sound, from the party off-venue to the court and vice versa. With the consent of the principal parties and the witness and, in action-by-petition proceedings, with the sole consent of the witness, the witness may also be examined by telephone under the rules for hearings with distance participation.

information on whether Article 5 of the Digitalisation Regulation allows videoconferencing only for courts or whether this possibility also exists for other authorities. If other authorities also have a legal basis for conducting videoconferencing, please specify which authorities and for which procedures;

On the basis of the abovementioned Code, video hearings can be conducted, first and foremost, by courts.

information whether your national law allows for the court or the competent authority to schedule a hearing of its own motion;

It is up to the court to decide whether conducting a video hearing is possible and needed. The court will determine, among other things, whether it is possible for the parties to the proceedings to participate in the video hearing.

information about the videoconferencing technology available in your Member State or the most common videoconferencing platform/solution used;

Skype (ordinary), Cisco (which is the ‘on premises’ solution and the most secure) and Microsoft Teams are used, the most common being Cisco, which is compatible with the equipment and information systems used nowadays in court.

information about the procedural requirements for a party to provide an opinion on the use of videoconferencing or other distance communication technology for the hearing;

The rules on hearings set out in the Code of Civil Procedure apply.

information on whether your national law provides for the recording of an examination and, if so, information about the storage and dissemination of the recording;

Courts use SALME software (speech-to-text technology). In Estonia, all hearings are recorded. It is up to the court to choose whether to transcribe the recording or produce a record containing the text and part of the audio recording. SALME is a software developed for courts to record hearings and transcribe recordings. In order to use the record and transcription drawn up by SALME, the parties to the proceedings do not need any special software.

information about how the confidentiality of communication between a lawyer and a client is ensured before and during videoconferencing;

There are no special rules to ensure the confidentiality of communication between a lawyer and a client via video. Lawyers either call the client or use other communication channels.

information about the practical arrangements for conducting and carrying out the hearing, including information whether speech-to-text technology is used;

Participants in a video hearing are sent the necessary information together with the summons to the hearing. Speech-to-text technology is used to record hearings. The text is not displayed to the participants in real time but is used to record the hearing.

information about access to videoconferencing for the parties and their representatives, including persons with disabilities;

All necessary information is given in the summons to the hearing. Among other things, the court will consider whether it is possible for persons to participate in the hearing via video (e.g. hearing-impaired persons and persons without access to electronic means). Estonia offers the possibility to participate in a video hearing in the court or State building closest to the person’s place of residence.

methods of identification and authentication of the parties;

The courts do not use a separate electronic identification solution nowadays. The court may ask a party to the proceedings to show their ID card on the screen; the defence counsel may confirm that the person concerned is the right person; the court may ask for the details of the document to be sent and/or for the party to the proceedings to send an electronically signed confirmation, etc.

how the parties can ask questions and otherwise meaningfully participate;

This depends on the situation and the technical solution the person uses to participate. Most videoconferencing solutions offer the hand-raising functionality or the possibility to engage in conversation. The court directs the proceedings and, if necessary, provides the opportunity to ask questions etc.

how the parties can exercise their right to interpretation;

The general interpretation rules apply. The interpreter may participate via video.

Sections 32 to 36 of the Code of Civil Procedure:

Section 32. Working language of the court

(1) Judicial proceedings and clerical business at the court are conducted in Estonian.

(2) The record of proceedings at the hearing and at any other procedural operation is kept in Estonian. The court may, where this is needed for accurate rendition of the testimony or statement given at the hearing in a foreign language, in addition to their translation into Estonian, incorporate them in the record in the language in which they were given.
[RT I 2008, 59, 330 - entry into force 1.1.2009]

Section 33. Foreign-language documents in judicial proceedings

(1) Where the court claim, petition, motion, application, appeal or objection that a party to the proceedings has filed with the court is not in Estonian, the court requires the person who filed the document to provide its Estonian translation by the due date set by the court. Where an item of documentary evidence that has been produced to the court by a party to the proceedings is not in Estonian, the court requires the person who produced the item to provide its Estonian translation by the due date set by the court unless translation of the item is unreasonable considering its substance or volume and the other parties to the proceedings do not object to accepting the evidence in a language other than Estonian.

(2) The court may require authentication of the translation by a sworn translator or a notary or caution the translator regarding the liability that attaches to a knowingly false translation.

(3) If the translation is not filed by the due date, the court may disregard the court claim, petition, motion, application, appeal, objection or item of documentary evidence.

(4) The court arranges translation of a judicial disposition into a foreign language for a party to the proceedings strictly where the party so requests and provided that the party does not have a representative in the proceedings and has been granted financial aid for bearing translation costs. The court arranges the translation of the judicial disposition for a person specified in subsection 4 of Section 34 of this Code on the account of the Republic of Estonia regardless of whether the person has a representative or has been granted financial aid.
[RT I 2008, 59, 330 - entry into force 1.1.2009]

Section 34. Participation of interpreter or translator in proceedings

(1) Where a party to the proceedings is not proficient in Estonian and does not have a representative in the proceedings, the court, where this is possible, enlists the assistance of an interpreter or translator in the proceedings on a motion of the party or of its own motion. The enlisting of such assistance is not required if the representations of the party to the proceedings are understandable for the court and for the other parties to the proceedings.
[RT I 2008, 59, 330 - entry into force 1.1.2009]

(2) Where it is not possible for the court to enlist the assistance of an interpreter or translator without delay, the court makes an order by which it directs the party to the proceedings who needs the interpreter or translator to secure, within the period determined by the court, the assistance of an interpreter or translator, or of a representative who is proficient in Estonian. Failure to comply with the requirement of the court does not preclude the court from disposing of the case. Where the person who does not comply is the claimant, the court may dismiss the court claim.

(3) Before the interpreter or translator proceeds to interpret or translate in the proceedings, they are cautioned regarding the liability that attaches to false interpretation or translation, and the interpreter or translator signs the relevant acknowledgement. Cautioning is not necessary if the interpreter or translator has been sworn in to do such interpreting or translation in accordance with the rules provided for in the Sworn Translators Act.

(4) The assistance of an interpreter or translator must be ensured in proceedings for placing a person in a secure institution and in proceedings for establishing a legal guardianship for a person.
[RT I 2008, 59, 330 - entry into force 1.1.2009]

(5) No interpreter or translator is enlisted in the proceedings for a contractual representative or adviser of a party to the proceedings.
[RT I 2008, 59, 330 - entry into force 1.1.2009]

Section 35. Enlisting the assistance of an interpreter or translator for a deaf, mute or deaf-mute party to proceedings

Where a party to the proceedings is a deaf, mute or deaf-mute person, the course of the proceedings is relayed to them in writing, or the assistance of an interpreter or translator is enlisted in the proceedings.

Section 36. Oath and signed acknowledgement of a person not proficient in Estonian

(1) A person who is not proficient in Estonian pronounces the oath, or provides signed acknowledgement of having been cautioned of their liability, in a language in which they are proficient.

(2) Signed acknowledgement is provided on the Estonian-language text of the oath or caution that is translated to the person at first hand before they sign.

how the possibility to examine or produce items of physical evidence during videoconferencing is ensured;

The parties to the proceedings are able to produce items of physical evidence using all electronic channels of communication, and it is possible to share them with the participants during the hearing by sharing the necessary documents on the screen (depending on the possibilities of the specific technical solution used).

3. National law on videoconferencing in criminal matters

Article 17(1)(b) – national law on videoconferencing in criminal matters.

Distance examination in criminal proceedings is regulated in Section 69 of the Code of Criminal Procedure.

Section 69. Distance examination

(1) The proceedings authority may arrange a distance examination of a person if examining the person first-hand is complicated or unreasonably burdensome or if the distance examination is necessary for protecting the interests of the person.
[RT I, 6.5.2020, 1 - entry into force 7.5.2020]

(2) For the purposes of this Code, distance examination means an examination:
1) using a technical solution, as a result of which the statement or testimony of the person examined is seen and heard directly via live streaming and questions can be put to the person;
2) by telephone, as a result of which the statement or testimony of the person examined is heard directly and questions can be put to the person.
[RT I, 6.5.2020, 1 - entry into force 7.5.2020]

(3) [Repealed - RT I, 6.5.2020, 1 - entry into force 7.5.2020]

(4) A note is recorded in the report of the distance examination regarding the cautioning of the witness against refusing to give a statement or testimony without a statutory basis and against making a knowingly false statement or giving knowingly false testimony.
[RT I 2004, 46, 329 - entry into force 1.7.2004]

(5) Where the examination of a person who is found in a foreign State requires the assistance of a judicial authority of the foreign State, the provisions of Section 489⁴¹ of this Code are followed if the examination takes place under a cooperative arrangement between the Member States of the European Union, whereas the provisions of Section 468 of this Code are followed in other situations.
[RT I, 11.3.2023, 2 - entry into force 1.5.2023]

(6) The Minister in charge of the policy sector may establish more specific requirements for arranging distance examination.

information about the procedural requirements on the basis of which consent is granted for the use of videoconferencing or other distance communication technology for the hearing;

Distance examination of witnesses is subject to the general requirements established for the examination of witnesses and no separate consent is required for the distance examination of a witness.

In judicial proceedings, distance examination by telephone is only permitted with the consent of the witness.

Code of Criminal Procedure, Section 287. Examination of witnesses

(4) A witness to whom a pseudonym has been assigned is examined by telephone in accordance with the rules provided for in Section 67(5) and Section 69(2)(2) of this Code. The parties to the proceedings put their questions to such a witness through the judge.

(5) On a motion of a party or of its own motion, the court may allow a distance examination in accordance with the rules provided for in Section 69 of this Code or use a partition that prevents the witness form being seen by the accused. Save for the situation provided for in subsection 4 of this Section, distance examination by telephone is allowed only with the consent of the accused.

information about how the access to the necessary videoconferencing infrastructure is ensured for the suspect or the accused or convicted person, or the affected person, as defined in Article 2(10) of Regulation (EU) 2018/1805, including with respect to persons with disabilities;

All necessary information is given in the summons to the hearing. Among other things, the court will consider whether it is possible for persons to participate in the hearing via video (e.g. hearing-impaired persons and persons without access to electronic means). Estonia offers the possibility to participate in the court or State building closest to the person’s place of residence.

information about how the confidentiality of communication between a lawyer and a client is ensured before and during an examination conducted through videoconferencing;

There are no special rules to ensure the confidentiality of communication between a lawyer and a client via video. In practice, lawyers either call the client or use any other communication channels in proceedings.

information about how holders of parental responsibility or other appropriate adults are informed about the hearing of a child through videoconferencing or other distance communication technology – how is the best interest of the child taken into account?

The distance examination of a child is subject to the general requirements for taking into account the best interest of the child. The person performing the procedural operation, the child protection official, social worker, teacher or psychologist involved assesses, among other things, the suitability of distance examination for the examination of the child.

Section 70. Special rules for examining an underage witness

(1) The proceedings authority may require a child protection official, social worker, teacher or psychologist to be present when it is examining an underage witness.
[RT I, 11.7.2013, 1 - entry into force 1.9.2013]

(2) If the proceedings authority has not received appropriate training, enlisting the assistance of a child protection official, social worker, teacher or psychologist for examining a minor is mandatory if:
[RT I, 11.7.2013, 1 - entry into force 1.9.2013]

the witness is younger than ten years of age and repeated examination may have a harmful effect on the minor’s mental well-being;
the witness is younger than fourteen years of age and the examination relates to domestic violence or to sexual abuse;
the witness has a speech or sensory impairment or an intellectual disability or suffers from mental disorders.
(a) information on whether your national law provides for the recording of an examination and, if so, information about the storage and dissemination of the recording; information on whether speech-to-text technology is used;

There is no obligation to record examinations in pre-trial proceedings. The person performing the procedural operation decides whether it is necessary and justified. If the examination is recorded, the recording is kept with the materials of the criminal case.

Courts use SALME software (speech-to-text technology).

Section 148. Annex to the report of an investigative or other procedural operation

(1) Where this is necessary, in addition to setting out evidentiary information in the report of an investigative or other procedural operation, such information may be recorded in the form of a photograph, footage, an audio or video recording, a drawing or in any other illustrative manner.

(2) A photograph, drawing or any other illustrative material is included in the criminal file together with the report, while footage and audio or video recordings are packaged and kept with the materials of the criminal case.

Hearings are audio recorded, the court may also decide to video record a hearing or any of its stages. Exceptions to the recording obligations have been established in Section 156(4) of the Code of Criminal Procedure.

Section 156. Audio and video recording of a hearing

(1) Hearings are audio recorded. The court may also video record a hearing or any of its stages.
[RT I, 31.5.2018, 2 - entry into force 1.1.2019]

(2) Where a hearing or an operation performed by the court is audio or video recorded, the court may use the recording for the purpose of supplementing and specifying the record of the corresponding proceedings before the court.

(3) Rectification of an audio or video recording is not allowed.

(4) A decision may be made not to record a hearing if:

it comes to light before or in the course of the hearing that recording is technically impossible and if the court is convinced that holding the hearing without recording is expedient and in line with the interests of the parties to the judicial proceedings;
the hearing is held outside the court’s premises;
the hearing is held to pronounce the court’s disposition in a case;
it is a hearing of the Supreme Court.

[RT I, 31.5.2018, 2 - entry into force 1.1.2019]

(5) Hearings are audio or video recorded in digital form.
[RT I, 23.2.2011, 1 - entry into force 1.9.2011]

information about the available remedies under your national law that a suspect, an accused or convicted person or an affected person could seek in the event of a breach of the requirements or guarantees provided for in Article 6 of the Digitalisation Regulation;

A party to the judicial proceedings may make a request to exercise the rights provided for in Article 6 in the course of the proceedings, but if the court does not grant it, no complaint can be filed about it in the course of the judicial proceedings. An appeal can be filed against it on the basis of Section 318 of the Code of Criminal Procedure.

information about the videoconferencing technology available in your Member State or the most common videoconferencing platform/solution used;

Skype (ordinary), Cisco (which is the ‘on premises’ solution and the most secure) and Microsoft Teams are used.

information about the practical arrangements for organising and conducting the hearing. Which authority should be contacted? Are there any special requirements (e.g. necessary information to be provided) for contacting that authority?

If the hearing takes place in the context of judicial proceedings, it is conducted on the basis of the EIO (organised by the prosecutor’s office and court).

whether speech-to-text technology is used in the context of hearings;

how the suspect, the accused or convicted person or the affected person is identified and authenticated;

how the suspect, the accused or convicted person or the affected person can ask questions and otherwise meaningfully participate;

This depends on the situation and the technical solution through which the person participates. Most videoconferencing solutions offer the hand-raising functionality or the possibility to engage in conversation. If the court directs the proceedings, the court provides the opportunity to ask questions etc.

how the suspect, the accused or convicted person or the affected person has the right to interpretation

The general interpretation rules apply.

Section 10. Language of criminal proceedings

(1) The language of criminal proceedings is Estonian. With the consent of the proceedings authority, the parties to the proceedings and the principal parties to the judicial proceedings, criminal proceedings may also be conducted in another language, provided that the authority and the parties concerned are proficient in that language.

(2) Suspects, accused, victims, civil defendants and third parties who are not proficient in Estonian are provided with the assistance of an interpreter or translator. Should there be any doubt, the proceedings authority ascertains the knowledge of Estonian possessed by the person concerned. If it is not possible to ascertain a person’s knowledge of Estonian, or if such knowledge turns out to be insufficient, the person is provided with the assistance of an interpreter or translator.
[RT I, 6.1.2016, 5 - entry into force 16.1.2016]

(8) Interpretation is provided to the suspect or accused without delay, whereas written translations of documents are provided to them within a reasonable time such that this does not have an adverse impact on the exercise of their right to defence.
[RT I, 4.10.2013, 3 - entry into force 27.10.2013]

(9) A person may contest a refusal to provide a translation or the provision of a partial translation under this section in accordance with the provisions of Sections 228 or 229 or pursuant to Chapter 15 of this Code.
[RT I, 6.1.2016, 5 - entry into force 16.1.2016]

how unauthorised access to sensitive data or data flows to unknown entities is prevented.

Documents relating to the proceedings can be seen by the persons who are parties to the proceedings. Documents can be accessed through the public e-File portal, using secure authentication solutions (ID card, mobile-ID and smart-ID). A unique summons and link are sent to the parties for the hearing. In most cases, hearings are open to the public; therefore, no additional security measures need to be introduced. The software used makes it possible to monitor that only the persons summoned participate. If the case is confidential or it is important to ensure that a person participates alone via video, the court may prescribe that the other party may only participate via video in courthouse (closest to the person).

4. Fees for the procedures in civil and commercial matters

Article 17(1)(c) – Fees in civil and commercial proceedings.

the procedures provided for in Regulations (EC) No 1896/2006, (EC) No 861/2007, (EU) No 655/2014 and (EC) No 805/2004;
proceedings for recognition, a declaration of enforceability or refusal of recognition provided for in Regulations (EU) No 650/2012, (EU) No 1215/2012 and (EU) No 606/2013 of the European Parliament and of the Council and Council Regulations (EC) No 4/2009, (EU) 2016/1103, (EU) 2016/1104 and (EU) 2019/1111;

When filing an application for a European order for payment with an Estonian court, a State fee must be paid in the same amount as when filing a national application. When filing an application for a European order for payment with an Estonian court, the State fee is in the same amount as when filing a national application, i.e. 3% of the total claim (of the amount of money claimed, i.e. of the sum of the principal and collateral claims), but not less than EUR 65.

When expedited order-for-payment proceedings are transformed into ordinary judicial proceedings (action-by-claim proceedings), an additional State fee is paid on the court claim to the extent not covered by the State fee paid on filing the application for expedited order-for-payment proceedings. In action-by-claim proceedings, the amount of the State fee depends on the amount of money claimed. For example, the amount of the State fee payable in action-by-claim proceedings on a claim of up to EUR 350 is EUR 100, on a claim of EUR 351–500 it is EUR 140, on a claim of EUR 501–750 it is EUR 175, etc.

When filing an application for a European Small Claims Procedure with an Estonian court, the State fee is in the same amount as when filing a national application. The amount of the State fee depends on the amount of money claimed. For example, the amount of the State fee payable on a claim of EUR 500 is EUR 140, on a claim of EUR 1 000 it is EUR 245, on a claim of EUR 1 500 it is EUR 280, and on a claim of EUR 2 000 it is EUR 315.

Proceedings for recognition, a declaration of enforceability or refusal of recognition are exempt from the State fee.

procedures related to the issuing, rectification and withdrawal of extracts provided for in Regulation (EC) No 4/2009, the European Successions Certificate and the attestations provided for in Regulation (EU) No 650/2012, certificates provided for in Regulation (EU) No 1215/2012, certificates provided for in Regulation (EU) No 606/2013, attestations provided for in Regulation (EU) 2016/1103, attestations provided for in Regulation (EU) 2016/1104 and certificates provided for in Regulation (EU) 2019/1111;

In these procedures, no State fee must be paid when the court is seised.

proceedings initiated by a claim by a foreign creditor in insolvency proceedings under Article 53 of Regulation (EU) 2015/848;

In these procedures, no State fee must be paid when the court is seised.

communication between natural or legal persons or their representatives with the Central Authorities under Regulation (EC) No 4/2009 and Regulation (EU) 2019/1111 or the competent authorities under Chapter IV of Directive 2003/8/EC.

In these procedures, no State fee must be paid when the court is seised.

5. Electronic payment methods

Article 17(1)(d) – electronic payment methods.

Information in this section should contain information about the electronic means for payment available in your Member State such as credit cards, debit cards, e-wallet and bank transfers. The information should also include the measures that your Member State has taken to make these electronic payment means accessible. If a bank transfer is among the means of payment in your Member State and if there is a single bank account for all authorities where the payment should be made, the details of this bank account should also be provided. The information should also include details on the possible limitation of electronic payment methods to certain procedures only (and specify which procedures, if any), and on the possibility to use electronic payment methods for other purposes, such as the payment of fines imposed by the court, the costs of experts or witnesses.

The State fee can only be paid by bank transfer. Credit cards are not accepted. For all payments intended to be made to the courts, the beneficiary is the Ministry of Finance. The payment order must set out the Ministry of Finance as the beneficiary of the amount to be transferred to the state authorities and foundations established by the state as well as the bank account number. Each authority has its own reference number, on the basis of which the State Treasury transfers the received amount to the account of the relevant authority in the e-State Treasury environment.

The State fees for the operations performed in court cases, share capital deposits, collateral and bail are paid to the accounts of the Ministry of Finance:

SEB Pank – a/c EE571010220229377229 (SWIFT: EEUHEE2X)
Swedbank – a/c EE062200221059223099 (SWIFT: HABAEE2X)
Luminor Bank – a/c EE221700017003510302 (SWIFT: RIKOEE22)
LHV Pank – a/c EE567700771003819792 (BIC/SWIFT: LHVBEE22)

As a general rule, State fees must be paid using the unique reference number obtained from the court. If you have not been given a unique reference number in the judicial disposition or in the procedural system for the payment of a specific State fee claim, the reference number is not used and the exact name of the operation for which the State fee is paid must be specified on the payment document when paying the State fee. The reference number is also not used where the State fee is paid before the performance of an operation is requested.

When submitting a document via e-File, it is also possible to pay the related court costs immediately via a bank link, enclose a payment order for the costs already paid or obtain the unique reference number required for making the payment and make the payment outside e-File. Payments made in the public e-File through a bank link are immediately linked to the unique reference number. All claims for court costs specified in the public e-File are also shown in the person’s State fee and collateral account in the e-Tax Board/e-Customs environment.

6. Notification on the early use of the decentralised IT-system

Article 17(2) – Notification on the early use of videoconferencing in civil and commercial and criminal matters.

Estonia is in a position to apply Articles 5 and 6 of the Digitalisation Regulation prior to 1 May 2025.

7. Notification on the early use of videoconferencing in civil and commercial matters

Article 17(2) – Notification on the early use of the decentralised IT-system

At this point in time, the decentralised IT system cannot be used before the date of application determined in accordance with Article 26(3).

8. Notification on the early use of videoconferencing in criminal matters

Authorities specified in Article 17(1)(e)

The letter requests the specification of the authorities with competence under the legal acts listed in Annexes I and II to Regulation (EU) 2023/2844, where these have not already been notified to the Commission in accordance with those legal acts;

The authorities are informed if the necessary preliminary work (technical solutions are ready to the extent necessary) allows it. We will send the list of the authorities with a delay.

Last update: 03/10/2025