The obligation to create an address for electronic delivery (known as “e-delivery address” or in Polish “ADE”) and enter this address to the Electronic Address Database (“BAE”) will soon apply to commercial companies. How and when to prepare for new obligation?
Until now, businesses could opt whether they want to use electronic delivery on the terms set out in the E-delivery Act of 18 November 2020 (Journal of Laws of 2023, item 285).
The transition to e-delivery meant that communication with public administration bodies was carried out exclusively online. The electronic form of communication with authorities will become mandatory for some businesses from 10 December 2023.
Replacing the traditional written form of communication with electronic delivery is primarily intended to facilitate and speed up communication and proceedings. E- delivery is the equivalent of a registered mail with return receipt requested.
Certainly, the implementation of the new obligation will be a considerable challenge for businesses, due to the need to change internal procedures for the circulation of electronic documentation or the need to appoint an administrator of e- delivery box.
For this reason, it is worth considering submitting an application for the creation of a mailbox with an e- delivery address in advance (which is possible at any time) in order to adapt the company to the new way of communication with state administration bodies in a timely manner.
The Minister of Digital Affairs in a communication of 29 May 2023, published in the Journal of Laws of the Republic of Poland on 7 June 2023, specified, for non-public entities entered in the business register of the National Court Register (what includes all commercial law companies and partnerships with private participation) the deadlines for mandatory implementation of new technical solutions necessary for service and receipt of official correspondence via mailbox with address for electronic delivery.
The deadline for setting up mailbox with address for electronic delivery depends on the date of registration of an entity in the business register of the National Court Register, namely;
In performance of the obligation imposed by the Act, non-public entities entered in the business register of the National Court Register should:
If e-delivery address is created by a public service provider (currently Poczta Polska S.A.) via a government website, the address is entered to BAE automatically along with activation of the e-delivery address.
We encourage you to use the services of our law firm to prepare for the upcoming obligations related to the transition to electronic delivery. Our experts will help you to submit an appropriate application for setting up a mailbox with an address for electronic delivery