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.
What is e-Delivery in Poland and how does it work?
The e-Delivery address in Poland is not a regular e-mail address. It is a special address, created in a dedicated system and registered in an electronic address database.
The 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.
Unlike a 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?
In Poland, e-Delivery is mandatory for all businesses and individuals registered in the register of entrepreneurs of the National Court Register (KRS) or the Central Business Register and Information Service (CEIDG).
That means, that not only entities like limited liability companies of partnerships must have such a mailbox, but also foundations, who run business activity and are registered with the register of entrepreneurs must set up e-Delivery address.
When is the deadline for setting up e-Delivery mailbox in Poland?
The deadlines for setting up e-Delivery mailbox in Poland have been set by Ministry of Digitalisation and are as follows:
- January 1st, 2025 for: private companies formed after abovementioned deadline, Attorneys, Notary Public, etc.,
- April 1st, 2025 for private companies entered into National Court Registry before January 1st, 2025,
- January 1st, 2025 for new individual entrepreneurs entered into CEIDG,
- July 1st, 2025 for individual entrepreneurs entered into CEIDG before December 31st, 2024, if they file to make any change in the registry,
- October 1st, 2026 for individual entrepreneurs entered into CEIDG before December 31st, 2024.
Can I set up an e-Delivery mailbox in Poland?
Individuals and businesses can register for e-Delivery in Poland at any time. The registration process requires:
- A PESEL number, name, surname, and the email address of the administrator;
- A Government Trusted Profile for the administrator (PL: profil zaufany); and
- Company data, such as the KRS number.
The first two requirements make it especially challenging for foreign companies – with minimal or newly established presence in Poland – to set up an e-Delivery mailbox and comply with this legal requirement.
Who is the administrator of e-Delivery mailbox in Poland?
The administrator is the person responsible for managing the e-Delivery mailbox. They must be designated by an individual authorized to represent the company (e.g., a management board member).
The administrator may add new users to the mailbox who can monitor and send correspondence; however, the right to add or remove users is reserved exclusively for the designated administrator.
A company may have more than one administrator, but must have at least one.
In conclusion, e-Delivery in Poland is a mandatory 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 ought to meet the deadline.
How can we help?
Experts at Grant Thornton provide legal support with obtaining qualified e-signature, PESEL number, government trusted profile as well as with acquiring e-Delivery address.
AUTHOR: Jakub Mazur, Junior Associate, Legal advisory at Grant Thornton