This article, expands on how electronic correspondence delivery system works in Poland, who is legally required to use it and what is the deadline for setting up e- delivery mailbox.
Podsumowanie
- E-delivery address is not the same as regular email address. It requires setting up and logging in to the official government portal.
- According to current regulations setting up e-Delivery address will be mandatory for all companies registered in National Court Register;
- The deadline for private companies already entered into National Court Register (KRS) has been set for March 10th, 2024. However, companies formed after December 10th, 2023 have to use e-delivery effective immediately.
What is it and how does it work?
E-delivery address is not a regular e-mail address. It is special address registered in government portals.
E-Delivery works by delivering electronic correspondence to a designated electronic mailbox that is linked to the recipient’s unique identification number, such as a PESEL number for individuals or tax identification number (Polish NIP) for businesses. The correspondence is delivered directly to the mailbox, and the recipient is notified via email or SMS. The notification contains information about the sender, the type of correspondence, and the deadline for response. In contrast to traditional email, where users can open messages without any confirmation, this system requires users to confirm delivery before accessing the content. This distinctive feature gives the delivery process the same significance and impact as a traditional official letter with confirmation of receipt.
Who is required to have an e-Delivery mailbox?
In Poland, e-Delivery is mandatory for all businesses and individuals registered in the National Court Register (KRS) or the Central Business Register and Information Service (CEIDG). However, the deadline for setting up an electronic correspondence mailbox has been postponed due to the COVID-19 pandemic.
When is the deadline for setting up e-Delivery mailbox?
The deadlines for setting up e-Delivery mailbox have been set by Ministry of Digitalisation and are as follows:
- December 10th, 2023 for: private companies formed after abovementioned deadline, Attorneys, Notary Public etc.,
- March 10th, 2024 for private companies entered into National Court Registry before December 10th, 2023,
- January 1st, 2024 for new individual entrepreneurs entered into CEIDG,
- September 30th, 2025 for individual entrepreneurs entered into CEIDG before January 30th, 2023, if they file to make any change in the registry,
- September 30th, 2026 for individual entrepreneurs entered into CEIDG before December 10th, 2023.
Can I setup e-Delivery mailbox?
Individuals and businesses can register for e-Delivery anytime. The registration process requires a valid email address and identification number (PESEL or NIP), company data such as KRS number or address, and the recipient must have an electronic signature to access the mailbox.
In conclusion, e-delivery is an essential tool for secure and efficient communication between public institutions and individuals or businesses in Poland. Entities should consider obtaining it as soon as possible to ensure that they will meet the deadline.
How can we help?
Experts at Grant Thornton provide legal support with obtaining qualified e-signature as well as with acquiring e-Delivery address.
AUTHOR: Jakub Mazur, Grant Thornton Legal Advisory