Sending a WIK letter by email: is it allowed?

You want to send a WIK letter, but prefer email over post. Not sure whether you need a WIK letter or a regular reminder? First read about the difference between a reminder and a WIK letter. Email is faster, cheaper and you have immediate digital proof. But is it legally allowed? In this article we discuss what the law says, when email is permitted and how to ensure that your digital WIK letter holds up in court.

The WIK Act (Wet Incassokosten) requires that you send the debtor a 14-day letter, but the law does not specify which medium must be used. Nowhere in the law does it state that a WIK letter must be sent by registered post.

The legislator intentionally made the WIK Act media-neutral. This means that a WIK letter may in principle be sent via any communication channel: by post, by email, or even via a messaging service. The key requirement is that the letter actually reaches the debtor.

Email is allowed when it is a customary communication channel between you and the debtor. This is the case when:

• You have previously sent invoices or correspondence by email to this customer.
• The customer provided their email address as contact information (for example when placing an order or entering into an agreement).
• The customer has previously responded to your emails, thereby confirming the email address as a communication channel.

If you have never communicated with the customer by email and only a postal address is known, it is wiser to send the WIK letter by post. After all, the burden of proving that the letter was received lies with you.

The most important consideration when sending a WIK letter by email is the burden of proof. If the debtor denies having received the letter, you must be able to demonstrate that the email was sent and, preferably, that it was delivered or opened.

There are several ways to provide this proof:

• Send confirmation: always save the sent email including the date, time and the recipient's email address.
• Delivery confirmation: some email services provide a delivery report showing that the email was delivered to the recipient's mail server.
• Read confirmation (open tracking): a tracking pixel in the email can record when the recipient opened the email. This is the strongest evidence that the letter was received.

At wikbriefversturen.nl we offer automatic email tracking with every WIK letter sent. In your dashboard you can see exactly when your letter was delivered and opened. This gives you strong evidence should a dispute arise.

Sending a WIK letter by email offers a number of practical advantages over traditional post:

• Speed: the letter is delivered immediately, rather than after 1-3 business days via the postal service.
• Cost: no postage or printing costs.
• Proof: with email tracking you have better proof of receipt than with a regular letter (a non-registered letter provides no proof of receipt whatsoever).
• Archiving: digital storage is simpler and more durable than paper archiving.
• 14-day period starts sooner: because the email is delivered immediately, the 14-day payment term begins earlier than with post.

Want to send your WIK letter by email? Keep the following tips in mind:

• Send the letter to the email address that the customer provided to you. Do not use an email address you found on the internet.
• Attach the WIK letter as a PDF attachment, so that the content cannot be altered and the formatting is preserved.
• Clearly state in the subject line that it concerns a demand letter, for example: "Final demand - Invoice number [number]".
• Save a copy of the sent email and any delivery and read confirmations in your administration.
• Consider also sending the WIK letter by post as additional security, especially for higher amounts.

Yes, you may send a WIK letter by email. The law does not prescribe a specific medium. However, it is important that you can prove that the letter was received. With email tracking via wikbriefversturen.nl you build that proof automatically. This way you combine the speed and convenience of email with the legal certainty you need. After the 14-day term expires, you may charge collection costs and claim statutory interest. Use our collection costs calculator to determine the exact amount.