Publication date: August 20, 2025
Traditionally, Polish administrative procedures guaranteed the ability to communicate with the public authorities through conventional and traditional channels, i.e., in writing or in person. However, Poland has recently made a significant technological leap in the way businesses communicate with regulatory authorities. After January 1, 2025, in accordance with applicable regulations, this communication relies largely on electronic communication – both with the central government administration, central offices, and institutions regulating the modern technology, industrial, financial, pharmaceutical, energy, and, above all, TMT sectors.
The legal basis is the Electronic Delivery Act, which introduces two delivery methods: a public registered electronic delivery service and a public hybrid service. In practice, this means that deliveries are made exclusively electronically – to a designated electronic delivery address, which is linked to an IT system enabling electronic communication, particularly via email (Article 2, point 1 of the Act on Providing Services by Electronic Means). According to Article 5, a public entity may deliver correspondence requiring confirmation of sending or receipt using a public hybrid service if delivery to an electronic delivery address is not possible in accordance with Article 4, or if it is known that the individual holding such an address has been deprived of liberty. The delivery box allows for sending, receiving, and storing documents in accordance with the Trust Services and Electronic Identification Act. These regulations do not apply to correspondence containing classified information.
In one of the cases conducted by KIELTYKA GLADKOWSKI, the essence of which was the proceedings arising from the cybersecurity regulations, the core problem was a situation interfering with the economic freedom of the supplier and creator of a trading platform operating on the FOREX market, including the CFD market, covering derivative securities, including instruments corresponding to Polish subscription warrants for shares, classic securities, and speculative assets of the crypto market. In this case, communication with the Office of Electronic Communications took place separately from that with the CERT Polska – NASK CSIRT Team (Computer Security Incident Response Team), operating within the Scientific and Academic Computer Network – National Research Institute NASK. In practice, in accordance with new regulations, in particular the Act on the National Cybersecurity System implementing Directive (EU) 2016/1138 (NIS 1) and Directive (EU) 2022/2555 (NIS 2), it is only possible to file a case electronically. Communication by other means remains unresolved. Furthermore, the Act on Combating Abuse in Electronic Communications, implementing the European Electronic Communications Code, also reinforces the importance of the exclusive electronic channel as the applicable standard in relations with public offices. Importantly, electronic confirmations of sending and receipt of letters – issued by the operator of the public registered electronic delivery service – have the status of proof of delivery within the meaning of Article 40 of the Act on Electronic Delivery. Such a document is secured with the electronic seal of the trust service provider.
The Electronic Platform of Public Administration Services (ePUAP) is a nationwide IT platform used to facilitate communication between citizens and public administration in a uniform manner, in accordance with the Act on the Computerization of Entities Performing Public Tasks (Article 19a). This system allows for many official matters to be handled online. However, a trusted profile can only be created by an individual with a PESEL number and full or limited legal capacity (Article 20c of the Act on the Computerization of Entities Performing Public Tasks). Therefore, creating a trusted profile directly for a company is not possible. However, an individual can set up an ePUAP mailbox for an organization and act on its behalf. It is also possible to grant power of attorney to other individuals, such as partners, to use the mailbox. Under the amendment to the Electronic Delivery Act (Article 147), delivery of correspondence sent by an individual or non-public entity that uses an ePUAP account to a public entity with an electronic mailbox in ePUAP, as part of the service provided by ePUAP, is legally equivalent to delivery using the public registered electronic delivery service until December 31, 2025. Similarly, delivery of correspondence by a public entity with an electronic mailbox in ePUAP to an individual or non-public entity, if the correspondence is a response to an application or request submitted through ePUAP, or if that individual or entity requested delivery to an ePUAP account, will also have the same legal effects as delivery using the public registered electronic delivery service until the end of 2025.
e-Delivery, in turn, is a registered electronic delivery service, based on Regulation (EU) 910/2014 eIDAS and the Electronic Delivery Act. It enables the exchange of official correspondence in a manner equivalent to registered mail with acknowledgment of receipt. The e-Delivery address becomes the official communication channel between companies and the administration. From January 1, 2025, offices will exclusively use this system (Article 155, Section 11 of the Electronic Delivery Act). The obligation to have an e-Delivery address applies to entrepreneurs registered in the CEIDG and the National Court Register, regardless of their legal form (this includes general partnerships, joint-stock companies, cooperatives, foundations, etc.). The obligation to use e-Delivery also applies to members of professions of public trust, such as attorneys, legal counselors, tax advisors, patent attorneys, restructuring advisors, and notaries (Article 9, Section 1 of the Electronic Delivery Act). During the transitional period until the end of 2025, a public entity will forward correspondence to a non-public entity at the electronic delivery address – if such an address has been provided. Otherwise, traditional delivery remains permissible. However, from 2026, e-Delivery will become the only permissible channel for all entities subject to the obligation, and from 2029 – also for courts, bailiffs, and prosecutors’ offices.
The new regulations on electronic delivery clearly establish electronic communication as the primary and often exclusive means of contact with public administration. Each office publishes both its electronic delivery address and ePUAP mailbox in the Public Information Bulletin. Failure to have an active e-Delivery address or failure to submit a document electronically when required will result in the case being left unprocessed. This means that businesses and their representatives must not only implement appropriate technical solutions but also ensure the ongoing operation of electronic delivery mailboxes, in accordance with the rigors of laws and implementing regulations. Digitizing delivery is no longer a matter of choice, but a statutory obligation.