Electronic inbox – a new obligation of enterprises entered in the National Court Register

Łukasz Napiórkowski

26 April 2022

Breakthroughs are coming to communication between public institutions (e.g. public administration) and non-public organisations (e.g. commercial companies) in the form of e-Delivery implemented by virtue of the Electronic Delivery Act (the "e-Delivery Act").

 
How does the e-Delivery work?

The e-Delivery service allows receiving and sending correspondence by electronic means without the need to use hard copy documents. This new communication channel will be tantamount to traditional registered letters or in-person visits.
 
The solution follows the multi-node model in which the recipient and the sender have their addresses provided by any trust service providers. This model ensures unbiased confirmation of data interchange by means of proof of sending and proof of receipt issued by the service providers and made available to the communication parties. This guarantees safe data transmission from the sender to the recipient and eliminates undetectable data alteration.
 

Deadlines

According to the draft legislation, the number of recipients and services available through the e-Delivery system will increase gradually. Here is the timeframe for commercial companies:
 

• from 5 July 2022 – new enterprises entered in the National Court Register
• from 1 October 2022 – enterprises entered in the National Court Register before 5 July 2022

Still, enterprises may voluntarily open electronic inboxes earlier. Be mindful that once an e-inbox is activated, it is entered in the electronic address database (EAD, or BAE in Polish)
 

Electronic address database

By having its inbox address entered in the EAD the entity requests public authorities to send their communication to that address. This means that generally all official correspondence will be sent to the electronic inbox address once it is entered in the EAD.
 
This address will be used in all administrative, court and civil proceedings. Additionally, all communication from public authorities will be in electronic form.
 
An electronic inbox address is entered in the EAD for 3 years.  
 

How can we help?

Rödl & Partner comprehensively supports businesses in fulfilling their statutory obligations related to the electronic inbox:

• legal assistance in setting up the electronic inbox address and entering it in the EAD
• technical support in electronic signing of the application
• assistance in appointing an administrator of the electronic inbox.

If you are interested in details, feel free to contact our experts.