As of 1 January 2026, the legal position between citizens and public authorities changed with the entry into force of the Modernisation of Electronic Administrative Communication Act (Wet modernisering elektronisch bestuurlijk verkeer, abbreviated as Wmebv). The Wmebv governs how public authorities and citizens communicate digitally. It directly affects the digital channels and processes used by public bodies.
Key changes include:
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the right to communicate digitally with public authorities;
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the designation of digital channels for administrative communication;
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the obligation to send an acknowledgement of receipt;
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the possibility to adjust time limits in the event of system failures;
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the duty to provide appropriate support in administrative communication.
The Wmebv amends the General Administrative Law Act (Algemene wet bestuursrecht, Awb) of 1994. Although digital communication has been the norm since the 1990s, the Awb did not contain clear rules on this point. The new provisions align the legal framework with the reality of 2026. This does not mean that all communication with public authorities must take place digitally: paper-based communication remains available.
In this blog, I guide you through six key points to consider when implementing these new rules as a local, regional or national public authority.
1. Map your digital channels
A key new obligation is that, for each type of formal message (per procedure), you must specify through which digital channel the message can be sent and received (Article 2:13 Awb). Communication via the designated channels must be sufficiently reliable and confidential (Article 2:13(2) Awb).
In practice, this means you must identify how communication with citizens currently takes place. Assess each procedure and determine what information you send and receive. Does it concern confidential or sensitive data? If so, consider the required level of security. Based on that assessment, select the channel that fits the type of message. This may be a simple email, a secure portal or a web form. You may conclude that certain procedures need to be adjusted.
Ultimately, create a comprehensive overview of all designated digital channels and publish it in a formal decision. For each type of message, it must be clear to citizens through which channel the administrative authority communicates.
2. Make receipt of digital messages explicit and demonstrable
When you receive a digital message, you must send an acknowledgement of receipt (Article 2:17 Awb). Your processes and systems must ensure that acknowledgements are sent, preferably automatically. The law does not prescribe their format. At a minimum, it must be clear to the citizen that and when the message was received. An acknowledgement may include the date, time, reference number, type of message and information about the next steps.
If you have designated a web form as a digital channel, pay particular attention. The authority must make it technically possible for the citizen to receive a copy of the submitted data (Article 2:17 Awb). This copy may be sent with the acknowledgement by email (provided this is secure) or made available in a secure digital environment.
Do you use a message box, such as “MijnGemeente”? In that case, you must send a notification. Article 2:10(2) Awb sets out what this notification must contain. This provision will enter into force in 2027, so you can prepare in advance. The notification must inform the citizen that a message has been placed in the message box. It must also describe the nature and legal consequences of the message and specify any applicable response period.
3. Burden of proof
Administrative authorities bear the burden of proof regarding the time of receipt, dispatch and access to messages in a portal or message box (Article 2:25 Awb). This introduces a new logging obligation. Citizens may rely on log data as evidence that a message was or was not properly delivered. You must be able to provide log data upon request.
In practice, you should verify whether your systems provide reliable and complete logging. At a minimum, record the time of receipt, the time of dispatch and whether and by whom the message was accessed. Also establish clear internal arrangements for onward transmission. For example, legal officers handling objections may need log data to determine time limits. It is equally important to define who is responsible for logging communication.
4. Refusing a message? Be prepared
You may refuse a message containing an unreliable link to documents or imposing a disproportionate burden, for example due to large attachments (Article 2:15 Awb). You may also direct the sender to the correct channel (Article 2:16 Awb). Authorities may now decline to process messages submitted through a channel that has not been opened for that purpose, unless an exception applies (Article 2:13 Awb). In both cases, you must inform the citizen through which channel the message can be submitted correctly.
Declining to process digital messages requires a properly designed process. Start by preparing standard letters for refusing messages or redirecting senders. In addition, document how your organisation handles refusals: in which situations is refusal necessary, and when is it sufficient to refer someone to another channel?
5. What about social media?
Administrative authorities may use social media for part of their communication with citizens. Social media may be used for informal messages. However, they are not considered sufficiently reliable or confidential for formal messages (Article 2:13(2) Awb).
In implementation, you may designate social media as informal channels only. Use a standard response to direct messages stating, for example: “For formal applications or objections, please use our web form or email.” Separate customer contact accounts from legal affairs accounts to avoid mixing informal and formal communication. Ensure that staff members can recognise formal requests and redirect them appropriately.
6. System failure: what now?
The new Act introduces a rule for situations in which a system failure prevents citizens from submitting an application on time, for example a subsidy application (Article 2:21 Awb). In such cases, you may extend the deadline, particularly if the failure occurs shortly before expiry. However, the deadline will not be extended automatically for everyone. The sender must reasonably be considered not at fault.
For implementation, it is advisable to adopt a procedure for situations involving reduced electronic availability. For example, publish a notice on your website and communicate the availability status of your systems. You may also proactively share information about downtime with case handlers, so they can assess late applications appropriately where necessary.
If the notification for the message box (see point 2 above) fails, ensure that an alternative contact method is in place. If notification does not occur, a citizen cannot be held responsible for missing a deadline.
Implement the Wmebv
The Wmebv requires you to organise several practical aspects of digital communication with citizens. Has your organisation fully implemented the Act? The practical implications for time limits, evidence and internal routing are often underestimated. We therefore recommend starting implementation without delay.
You can approach this as follows:
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Adopt a multidisciplinary approach, ensuring attention to legal aspects, IT, information security, records management, privacy and service delivery.
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Use the Ministry of the Interior and Kingdom Relations checklist. The Association of Netherlands Municipalities (VNG) also provides a practical guide.
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Ensure compliance with other relevant legislation, such as the GDPR, the Open Government Act (WOO), the Digital Government Act (WDO), NIS2, the Public Records Act and, where applicable, eIDAS.
Do you need support in reviewing your digital processes, designation decisions, acknowledgement texts, contingency procedures or appropriate security requirements? Please feel free to contact us. We are happy to assist.
