The possibility of delivering official correspondence by electronic means is slowly becoming commonplace. On 1 January 2025, the first group of entities became required to use the electronic delivery system. Over time, the obligation in question will be extended to more entities.
1. Novelty in Polish law
The institution of e-deliveries was introduced into the Polish legal system by the Act of 18 November 2020 on electronic deliveries (i.e. Official Journal of 2024, item 1045, as amended), hereinafter referred to as the Act. It implements the provisions of Regulation (EU) No 910/2014 of the European Parliament and Council of 23 July 2014 on electronic identification and trust services for electronic transaction in the internal market and repealing Directive 1999/93/EC/.
The introduction of the National Electronic Delivery System is of major importance. Indeed, a message sent using the e-delivery system has the same legal effect as a registered letter sent by regular mail, with acknowledgement of receipt.
It’s commonly indicated that e-delivery guarantees security. Thanks to the the technological solutions used, there is no doubt who is the sender and who is the recipient of the correspondence. There is also certainty that third parties haven’t interfered with the content of the documents sent.
The e-delivery address can’t be identified with the e-mail one. It is a completely different address. Its format is also different. Moreover, the e-delivery address is individual and there is no possibility to change its owner.
2. Timetable
Due to the fact that the implementation of the e–delivery system constitutes a huge revolution, the Polish legislator decided to gradually accustom this form of delivery. The timetable to introduce the obligation to use the National Electronic Delivery System is at follows:
| from 1 January 2025 | • government administration bodies and budget units serving these bodies; • other public authorities, including State control and law enforcement authorities, as well as budget units serving these bodies; • ZUS (Zakład Ubezpieczeń Społecznych – Social Insurance Institution) and the funds managed by it, as well as KRUS (Kasa Rolniczego Ubezpieczenia Społecznego – Agricultural Social Insurance Fund) and the funds managed by the KRUS president; • NFZ (Narodowy Fundusz Zdrowia – National Health Fund); • executive agencies, budgetary economy institutions, State special purpose funds, independent public health care facilities, public universities, PAN (Polska Akademia Nauk – Polish Academy of Sciences) and the organisational units created by it, State and local government cultural institutions, other State or local government legal persons created on the basis of separate acts for the purpose of the exercise of public tasks; • local government units and their associations, as well as metropolitan associations and local government budget establishments – within the scope of the public service of registered electronic delivery; • other public entities; • persons exercising professions of public trust, i.e. lawyer, legal counsel, tax advisor, restructuring adviser, patent attorney, notary; • non-public entities registering with KRS (Krajowy Rejestr Sądowy – National Court Register) from 1 January 2025; • non-public entities submitting an application for registration in CEIDG (Centralna Ewidencja i Informacja o Działalności Gospodarczej – Central Register and Information on Economic Activity) |
| from 1 April 2025 | • non-public entities registered in KRS before 1 January 2025 |
| from 1 July 2025 | • non-public entities registered in CEIDG until 31 December 2024 – in the event of making changes in the entry after 30 June 2025 |
| from 1 October 2026 | • non-public entities registered in CEIDG until 31 December 2024 |
| from 1 October 2029 | • local government units and their associations, as well as metropolitan associations and local government budget institutions – within the scope of the public hybrid service; • courts, tribunals, bailiffs, prosecutor, law enforcements authorities and the Prison Service |
3. Service providers
E-deliveries constitute so-called trusted services. Therefore, electronic delivery services can only be provided by entites with the status of trust service providers. This status is confirmed by an entry in the register of qualified trust service providers. Poczta Polska S.A. has the status of a public trust service provider in the field of e-deliveries.
4. Obtaining an e-delivery address
The basic condition for using the e-delivery system is to obtain an e-delivery address. To do this, it’s necessary to submit an appropriate application (Article 11, point 1 of the Act). The e-delivery address may also be assigned automatically. This takes place in the event that the minister competent for implementation of IT solutions receives the data transferred in connection with the application for entry in KRS or in CEIDG (Article 11, point 2 of the Act).
The request for the creation of an electronic delivery address is made online. For example, private entrepreneurs wishing to use the service with a public provider should visit the following website: https://www.biznes.gov.pl/pl.
After the minister responsible for digitization verifies the request, an e-delivery address is created. Then, the applicant will receive an e-mail message asking him/her to activate the box.
5. Database of Electronic Addresses
The entry of the address for delivery to BAE (Baza Adresów Elektronicznych – Database of Electronic Addresses) is extremely important. Indeed, according to Article 7(1) of the Act: The entry of the address for electronic deliveries to the database of eletronic addresses is equivalent to a request for public entities to deliver correspondence to this address.
BAE constitutes a public register where all e-delivery addresses are entered. The minister responsible for implementation of IT solutions runs this database. The minister is also obliged to mantain and develop it.
BAE collects data of entities with an e-delivery address:
- public entities;
- non-public entities that are natural persons;
- non-public entities that aren’t individuals.
6. Hybrid service
Exceptionally, the legislator has allowed the possibility to deliver correspondence using a hybrid service, i.e. in an electronic-paper manner. This form of delivery occurs in the event that a public entity sends a parcel containing a document by means of electronic communication, and at the post office, this document is printed and sent in paper form to the addressee.
A public entity delivers correspondence requiring confirmation of sending or receipt using a public hybrid service in the following cases:
- it isn’t possible to deliver correspondence at the electronic delivery address or
- when it has knowledge that a natural person with an address for electronic deliveries has been deprived of liberty (Article 5(1) of the Act)
7. Legal notice
The study is a work within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (OJ 2006, No. 90, item 631, consolidated text, as amended). Publishing or reproducing this study or its part, quoting opinions, as well as disseminating in any other way the information contained therein without the written consent of Crede sp. z o.o. is prohibited.
