Electronic delivery obligatory from 1 January 2025 at the earliest

Minister of Digitization has further postponed the date of implementation of mandatory e-delivery. According to the announcement published in the Journal of Laws on 19 July 2024, the term for introducing of this solution is moved from 1 October 2024 to 1 January 2025. The ministry highlights that this is the last postponement, and it results from the legislative process aimed at amending the Law on Electronic Deliveries.

E-delivery: Why another postponement?

According to the ministry, the obligated public entities are not sufficiently prepared to deliver correspondence by means of the public services of registered electronic delivery and hybrid delivery. Only 30 per cent of such entities have applied for establishing addresses for e-delivery. Thus, a transition period is considered, which will last until 31 December 2025, and will allow for gradual adaptation and promotional campaign. Both present (post, e-PUAP) and new solutions will apply during the transition period.

Besides, it will be necessary to identify a new Designated Provider (DP). The mandate of the current DP, i.e. the Polish Post, expires at the end of 2025. The Office of Electronic Communications is preparing a contest to select a new Provider. The system will be joined by more private service providers.

E-delivery: Which institutions are covered by the deadline change?

In line with the Act on Electronic Deliveries, the new solution is dedicated for, among others, entrepreneurs, public trust professionals, self-governments and public authorities, and the implementation of mandatory e-delivery is to take place in stages, depending on the type of entity and date of registration in CEiDG or National Court Register.

Non-public entities:

• Businesses which will be registered at CEiDG or National Court Register from 1 January 2025 will apply for e-delivery mailbox at the registration.
• Businesses registered at CEiDG before 31 December 2024 must have addresses for e-delivery from 1 October 2026, if, however, they update the company information in the register after 30 June 2025, they must apply for the address from 1 July 2025, at the registration of changes.
• Businesses registered at the National Court Register before 1 January 2025 must implement e-delivery from 1 April 2025,
• Public trust professionals: advocates, legal advisors, tax advisors, restructuring advisors, patent attorneys, notaries – will be obligated to use e-delivery from 1 January 2025,

Public entities:

• Government institutions and supporting budgetary units, public authorities, Social Insurance Institution, Agricultural Social Insurance Fund, National Health Fund, public health care units, Polish Academy of Science, public universities, public institutions of culture, local government units and their associations (regarding public service of electronic delivery) – must have e-delivery mailbox from 1 January 2025.
• Local government units and their associations (regarding hybrid delivery), courts, tribunals, court bailiffs, prosecutors, law enforcement and Prison Service – from 1 October 2029.

E-delivery: Legal support

Regardless of the postponement of the deadlines, an application for assignment of e-delivery address can be filed any time, and the address can be activated on 1 January 2025.

We support our clients in establishing and activation of e-delivery mailbox.

E-delivery: Find out how we can help!

Author: Małgorzata Gutorska, Senior Company Law Specialist, TGC Corporate Lawyers