Update on UPC and CMS issues

epi has voiced concerns with the Administrative Committee of the UPC about the problems encountered by CMS users struggling to successfully complete opt-out requests.

A copy of epi’s letter can be found here, and the answer from the UPC can be found here.

The take-away messages from the UPC are as follows:

• The first technical feedback received after an opt-out via the API answer is a sufficient proof of successful opt-out;
• To the extent possible, users should limit the use of APIs as much as they can by avoiding multiple requests of statuses;
• APIs should ideally be processed at night (avoiding the potential maintenance window 8-10 pm);
• The UPC Presidium will treat opt-outs that are signed in electronic form as validly filed, regardless of the certificate used;
• The possibility to lodge opt-outs in the form of a „paper copy“ can be activated only if the Court establishes that the CMS system is down (not slow).“

With respect to the latter point, the UPC has published on 25th May guidance on a back-up paper filing of opt-out requests in case the CMS system is down.

News from the UPC can be found here.