23.01.2025
Authors:
- Robert Niczyporuk
- Klaudia Bartoszyńska-Kwiatkowska
- Bartosz Mazur
Practices:
Specialisations:
Experts from the Corporate and M&A Law Practice explain what new obligations entrepreneurs face as a result of the e-Delivery regulations coming into effect.
Upcoming changes
On 1 January 2025, changes came into force to the regulations on e-Delivery, i.e. an electronic registered delivery service. It enables correspondence to be sent and received with effect equivalent to a registered letter with acknowledgement of receipt and stored electronically.
Ultimately, the e-Delivery service will replace official paper correspondence and correspondence via ePUAP.
Non-public entities registered in the business register of the National Court Register (e.g. companies) and the Central Register and Information on Businesses are required to:
- set up and activate an e-Delivery address, and
- enter the e-Delivery address in the Database of Electronic Addresses (Baza Adresów Elektronicznych – BAE), a public registry that collects e-Delivery addresses. This means that state offices using e-Delivery will only send correspondence to the company in electronic form.
Deadline for requirement to use e-Delivery
The deadline for implementing the requirement to use e-Delivery depends, inter alia, on when an entity is registered with the Central Register and Information on Businesses (Centralna Ewidencja i Informacja o Działalności Gospodarczej – CEIDG) or the National Court Register (Krajowy Rejestr Sądowy – KRS).
Date for meeting requirement |
Obliged entities |
1 January 2025 |
Businesses registering activity in the CEIDG or the KRS – an e-Delivery mailbox can be set up during registration. |
1 April 2025 |
Businesses registered in the KRS before 1 January 2025 – an e-Delivery mailbox can be set up, inter alia, by sending a request on a form specifically created for this purpose when applying for a change of data in the register. |
1 October 2026 |
Businesses registered in the CEIDG before 1 January 2025. However, if these entities submit an application to update their entry in the CEIDG after 30 June 2025, they are required to set up an e-Delivery mailbox from 1 July 2025. |
Providers of e-Delivery service
e-Delivery services can only be provided by entities registered in the register of trust service providers providing qualified trust services.
A distinction should be made between:
- the public e-Delivery service provider (currently Poczta Polska S.A.) – an entity appointed to provide a basic free e-Delivery service and obliged to provide electronic mailboxes to all those who choose to use the public e-Delivery service, and
- non-public e-Delivery service providers – providing an e-Delivery service for a fee, but offering additional electronic mailbox functionalities.
How can we help?
As part of our legal advice for clients, our experts support businesses in both setting up an e-Delivery mailbox and selecting the optimal service provider. They will also be happy to answer any questions you may have about e-Delivery.