The Polish Act on Electronic Delivery dated 18th November 2020 (“Act”) shall be deemed  a new step within the so -called “digital revolution” subject to manner of providing services and notification in relationship between state authorities /local municipalities and the citizens. The Polish legislator has not referred to this aspect within the explanatory memorandum to the aforementioned Bill referring to Tallinn Declaration on eGovernment from 6th October 2017 and the necessity of implementing of EU community regulation only , however, the need of introduction of this Act into the Polish legal system was accelerated by the current situation. The outbreak of the Covid – 19 Pandemic and following lockdowns within social , business and public spheres forced a new angle on this situation This led to identifying different ways to keep life in these spheres continuously moving forward despite restrictions. As a result, a major part of activities in service area and social contact zone has been transferred to “digital sphere” including the Internet. This form has become in the time of intense fighting against the Pandemic the main field of providing services and work also in public sector. Experience gained from lockdowns resulted in legislative initiative implanting this practice. It was necessary to create a complex approach to possibility of digitalization of public services in a broad sense and there is no doubt that these services should currently be accessible especially in digital form.
The Act – as the name suggests- regulates the matter of electronic delivery (so – called: e-delivery). Although the term has not been defined by the legislator and there is also no definition of this term within the Community law it can be assumed that the term refers to delivery mainly via electronic means of communication that is regarded as technical solutions including IT devices and associated software enabling remote communication through data transmission between electronic systems in particular electronic mail. .
It is to be stressed that the Act regulates the delivery of correspondence using public service of electronic delivery, public hybrid delivery and certified service of registered electronic delivery and this shows a diversity of delivery depending on the possibility of the collection of a document by the recipient.
In the light of the new regulation, the default way of exchange including correspondence delivery will be established within the public services of registered electronic delivery and the sender shall confirm the sending or receipt of the correspondence. This way will be supplemented by public hybrid service ensuring the sending of correspondence in default electronic form also in relation with persons being digitally excluded or persons who are for different reasons still not prepared for exchange of correspondence via electronic means.
Moving to practical ground, it should also be noted that delivery in legal terms encompass activities of significant legal importance as these activities of factual nature result in certain legal consequences. For instance, an order for payment issued within legal default proceedings ceases to exist upon an objection to this order has been delivered to the appropriate court (see Article 505 § 2 of the Polish Civil Code Proceedings). Hence, the analyzed provisions of the Act will be in this respect of crucial importance. The correctness and punctuality of delivery of a letter by electronic means within administrative and civil proceedings will have also impact not only on the rights of persons to these proceedings but also on the their efficiency. There is no doubt that the delivery of the correspondence by electronic means , even when it occurs in the hybrid form , by letter existing digitally is “transformed” into paper form and finally supplied to the recipient and this manner shall significantly speed up the action of governmental bodies and municipalities and courts within their decision making process and without the necessity of long waiting for the correspondence by using traditional means of delivery and for the acknowledgement of its receipt. Deliveries by electronic means introduced by the new Act limit the time of delivery to the minimum necessary to ensure fast, efficient and certain delivery of a dispatched letter.
In addition, the Act will also better facilitate the exchange of correspondence between bodies/courts and citizen, among these bodies/courts and among the citizens themselves being parties to court proceedings. As a result new law meets ongoing changes subject to electronic services on the one hand and social and business expectations on the other.
Governmental authorities and budget units, Social Insurance Institution, Agricultural Social Insurance Fund and funds managed by these units as well as National Health Fund are obliged to apply the regulations of the Act from 5th July 2021. From 1st January 2021, local municipalities and their associations, metropolitan units and Governmental Budge Divisions shall administer the Act and courts, legal enforcement agencies including public prosecutors and bailiffs as well as penitentiary staff from 1st January 2024.
At the moment it is rather difficult to judge as to how the process of implementation of electronic forms of delivery will be carried out in the future, in particular whether the Act will meet all expectations vested therein . It may be observed, however, that the Act has followed the requirements of present times spreading into electronic spheres. If the Act will be introduced with delays or difficulties, its implementation is unavoidable. Thus, the preparation for the handling of the Act regulations , especially in the field of business by creating a certain IT environment will be a key factor to its successful introduction and the provisions of the Act on Electronic Delivery will be of significant importance for economic relations.
For any further information please contact us at firstname.lastname@example.org
 Official Journal 2020, item 2320 along with later amendments
 With reference to DIRECTIVE (EU) 2015/1535 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codification) and to REGULATION (EU) No 910/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC.
 See Article 5.2 o the Act
The cookie settings on this website are set to "allow cookies" to give you the best browsing experience possible. If you continue to use this website without changing your cookie settings or you click "Accept" below then you are consenting to this.