As of this week, German lawyers are required to use an electronic communication tool designed especially for them: the special electronic lawyers’ mailbox (besonderes elektronisches Anwaltspostfach or beA). The problem is that the beA is inherently insecure, so it seems better to avoid using it. This would include, if possible, not litigating before a German court if there’s a chance that the opponent or the court might use the beA in the proceedings. This seems all the more appropriate where there is a risk of snooping or foul play by the opponent or third parties, or where the stakes are high – and when aren’t they?
