Electronic delivery - what has changed?

In recent years, state authorities have become more and more computerized. One of the changes is electronic means of communication between authorities or courts and applicants. In this regard, from July 1, 2021, a new type of electronic correspondence was introduced to business and administrative and court proceedings, the so-called e-delivery. The change will result in electronic delivery having the same effects as traditional correspondence delivery. The legislator wants this form to be dominant. The e-delivery process is spread over time.

Excluded letters from e-delivery

The legislator recognized that not all correspondence may be sent electronically. We do not apply the above regulations to correspondence:

• containing classified information;

• sent in the public procurement procedure and in competitions conducted on the basis of the Act - Public Procurement Law;

• sent in the concession award procedure conducted on the basis of the Act on the concession for construction works or services;

• which, under separate regulations, is sent or received using technical and organizational solutions other than the electronic delivery address (e.g. to accounts in ICT systems supporting court proceedings or to document repositories).

In the event that the authority has knowledge that a natural person with an address for electronic service has been deprived of liberty, we also do not use this form of service.

Electronic and hybrid delivery

The Act describes in detail when electronic delivery should be used. In addition, the legislator introduced the option of hybrid service.

Public entities will be required to deliver correspondence to each other using electronic delivery.

Moreover, public entities will deliver letters by means of e-delivery to companies and individuals.

Delivery will be possible provided that companies and individuals have an address for electronic delivery. This address should be entered in the database of electronic addresses, which will be kept by the minister responsible for digitization.

In addition, the so-called a public hybrid service. It is to ensure electronic exchange of letters also in contacts with persons who, for various reasons, cannot receive correspondence in electronic form.

In this case, persons will receive correspondence ex officio in paper form. Importantly, the letters will be created and sent electronically, then printed and delivered in paper form via post. After December 31, 2025, an operator dealing with hybrid shipments will be selected in a tender.

New database of electronic addresses

As it has already been mentioned, the legislator introduced a database of electronic addresses. So a new public register was introduced, kept by the minister of digitization.

The above register will contain addresses for electronic delivery of all entities that use this form.

For some entities, entry on the list will be mandatory. The above applies, inter alia, to:

• attorneys, legal advisers, notaries practicing their profession;

• tax advisers, restructuring advisors practicing their profession;

• patent attorneys in their profession;

• Counselors of the General Prosecutor's Office performing official duties.

In addition, the base should include:

• entrepreneurs running a business on the basis of an entry in the CEIDG, i.e. natural persons running a business;

• enterprises operating on the basis of an entry in the National Court Register.

Entrepreneurs entered into the National Court Register will be required to appoint a delivery box administrator. In the case of natural persons, there will be no such obligation.

As a rule, one entity will have only one address for electronic delivery in the database.

There are a few exceptions to this rule. In these cases, the entity may have several addresses - provided that it is justified by the entity's structure, organization or size.

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A transitional period has been introduced

Taking into account how significant the changes will be introduced, the legislator introduced a transitional period.

In this case, the process of implementing e-delivery is not expected to end until 2029. From July 1, 2021, taxpayers can submit applications for entry in the database of electronic addresses.

The legislator also specified in detail by what date entities will have to enter the register.

Enterprises subject to entry in the National Court Register will have to enter their addresses by September 30, 2022.

On the other hand, entrepreneurs operating on the basis of an entry in the CEIDG will have to meet this obligation by September 30, 2022.

In addition, the legislator has determined from when the act on electronic delivery must be applied by individual public institutions in the field of e-delivery.

Electronic delivery - ZUS

The institution that delivers a very large number of parcels is ZUS. Thus, the new solutions introduced new rules for the delivery of correspondence with ZUS via e-delivery.

The changes enter into force on July 1, 2021, but ZUS is to apply the new regulations from January 1, 2022.

To sum up, electronic delivery will cause the traditional method to slowly expire. Importantly, the legislator gave both entities and institutions time to adapt to changes. The long time for their introduction should be assessed positively.