The Act of 18 November 2020, which will enter into force on 1 July 2021 (LINK) on electronic deliveries imposes on:

1. attorneys, legal advisors and tax advisors practicing their profession;
2. non-public entities entered in the register of entrepreneurs of the National Court Register;
3. non-public entities entered in the Central Register and Information on Business Activity and the Entrepreneur Information Point.

the obligation to have an address for electronic delivery entered in the database of electronic addresses, which will allow the use of the registered electronic delivery service.

What is registered electronic delivery service?

Registered electronic delivery refers to a service that enables electronic delivery of correspondence, while ensuring transaction security (e.g., proof of sending and receiving data) and protecting transmitted data against loss, theft, damage, or alteration. In practice, it is intended to produce the same effects as a registered letter sent by post.

What is a delivery box?

The delivery box is a tool that will enable the use of electronic deliveries while maintaining statutory standards for registered electronic delivery services – it will ensure the security of transactions and protect the transmitted data against changes, damage, theft and loss.

How can I set up such a delivery address?

The creation of such an address and the assignment of a mailbox to it takes place on the basis of an application from the interested entity to the minister responsible for computerization or automatically after receiving data from the National Court Register or CEIDG on entities registered there.

Effects of the Act

The direct effect of the new law is to digitize the functioning of public authorities. Their contact with professional entities is to be fully transferred online. It will not be possible to switch to the traditional method of delivering documents, coordinated by Poczta Polska. Individual public entities are required to switch to electronic delivery, as appropriate:

1. government administration bodies – from October 1, 2021;
2. other public authorities, National Health Fund, Social Insurance Institution and Agricultural Social Insurance Fund – from 1 January 2022;
3. local government units – from 1 January 2024;
4. courts and tribunals – from 1 October 2029.

All entrepreneurs registered in the National Court Register (KRS) and the Central Registration and Information on Business (CEIDG) are obligated to comply with this obligation from 1 October 2026.Other entities will be obligated by a regulation of the Minister of Justice, which will establish precise deadlines from which procedural authorities will be able to serve procedural documents to electronic addresses and from which procedural documents may be filed to the court's electronic delivery address.

Failure to provide a delivery address for non-obligated entities will not result in any penalties. The shipment will be converted into a so-called hybrid shipment.

Hybrid shipping service

For correspondence delivered to non-professionals and entities not required to have an electronic delivery address, authorities will use hybrid delivery. This involves creating and sending the correspondence in one form (electronic or paper), and then processing and delivering it in the other form (as appropriate). This will enable the digitization of correspondence sending and receiving processes in public administration bodies.

What's next?

The bill's assumptions are very optimistic, and it remains unclear how it will be implemented in practice. Let's hope that authorities will be adequately prepared and trained to handle the new electronic correspondence procedure.

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