eDelivery for entrepreneurs is a new solution prepared by the Ministry of Digital Affairs. Its purpose is to simplify communication between entrepreneurs and public authorities. Below we present the most important information on the implementation of this service. We will also discuss the consequences of introducing eDelivery.
Table of Contents
- eDelivery for entrepreneurs – what is it?
- Database of Electronic Addresses
- Procedure for obtaining access to the service of eDelivery for entrepreneurs
- eDelivery – subjective scope
- Timeframe for the eDelivery service
- How to prepare for the implementation of an eDelivery service?
- The effects of eDelivery on entrepreneurs
- Exclusions of the use of eDelivery service for entrepreneurs
- eDelivery for entrepreneurs in Poland – summary
eDelivery for entrepreneurs – what is it?
eDelivery service was introduced based on the Act of 18th November 2020 on electronic deliveries. Its aim is to simplify communication with public authorities. It enables 24/7 access to the electronic delivery platform. This allows handling official matters without the need for personal attendance at office.
This service ensures two-way correspondence (entrepreneur – public authority) from any device. You can use a smartphone, tablet, or computer. eDelivery service is equal to a traditional registered letter. Users are assigned an address for electronic deliveries. This ensures clear identification of the recipient and the services he provides. It is worth noting that the electronic address is not an email address. It is a separate string of characters that enables electronic correspondence. What is important, it remains unchanged, regardless of physical address changes.
The advantages of eDelivery include:
- Safe data flow and storage.
- Fast and convenient access to the service.
- Easy communication with public authorities.
- Reduction of costs associated with delivering correspondence.
- Equivalence of eDelivery and traditional registered mail (with delivery confirmation).
Database of Electronic Addresses
The Database of Electronic Addresses is a collection of data that includes electronic addresses for e-deliveries. It also includes identifying information of entities obliged to use eDelivery service. The Minister of Digital Affairs maintains this register.
According to the Act, one electronic delivery address can be assigned to one entrepreneur only. At the same time, regardless of the eDelivery address indicated for the purpose of conducting business, performing official duties, or practising a profession, the Database of Electronic Addresses will also disclose an address for e-deliveries which is unrelated to professional or business activity.
This applies to entities registered in the CEIDG (Central Registration and Information on Business) and:
- legal counsellors
- tax advisors
- restructuring advisors
- patent attorneys
- attorneys of the General Counsel
- court bailiffs
Procedure for obtaining access to the service of eDelivery for entrepreneurs
To access eDelivery service, you need to apply through the biznes.gov.pl portal. The application should include essential identifying information about the entrepreneur. Among them, you should specify name, REGON number, NIP, KRS number, and mailing address. For entrepreneurs registered in the KRS, indicating the legal form, address, and headquarters is also necessary. Those registered in the CEIDG should additionally provide PESEL number and email address.
A person authorized to represent the entrepreneur should sign the application electronically. Alternatively, a properly authorized proxy can also do this. It’s worth noting that the legislator obliged non-public entities that are not natural persons to appoint an administrator for eDelivery. For entrepreneurs registered in the CEIDG, the appointment of an administrator is optional.
The issued eDelivery address is automatically entered into the Database of Electronic Address. From this point, all correspondence between the entrepreneur and public authorities will be in electronic form.
eDelivery – subjective scope
The legislator imposed the eDelivery obligation on the following entities:
- Entrepreneurs registered in the CEIDG and KRS. These include sole proprietors and commercial law companies.
- Non-public entities registered in the KRS, such as associations and foundations.
- All public entities and local government units.
Timeframe for the eDelivery service
The service of eDelivery for entrepreneurs will be obligatory from 10 December 2023. Starting from this date, entities listed in the KRS will apply for eDelivery mailbox at the time of registration. Entities listed in CEIDG will also apply at the moment of disclosure in the register, from 1 January 2024.
Entities registered earlier will have to submit a separate application for access to the e-delivery mailbox. This means that access must be active for entrepreneurs registered in:
- CEIDG before 30 December 2023 -until 30 September 2026.
- KRS before December 10, 2023 – until 10 March 2024.
According to the legislator’s plan, public administration bodies and central offices must implement eDelivery system by 2023. The final deadline for introducing eDelivery is in 2029. From that date onwards, electronic correspondence will be mandatory for:
- All public entities.
- Local government units.
How to prepare for the implementation of an eDelivery service?
Preparing for the obligatory eDelivery service requires changes in the existing IT systems. This will ensure the smooth operation of the new service. It’s a good idea to give oneself some time for preparation. It will require the adaptation of internal systems. Thus some tests would be advisable to develop solutions to potential problems in advance.
The effects of eDelivery on entrepreneurs
The introduction of the eDelivery system requires the entrepreneur to check correspondence regularly. This means at least every 14 days. Proof of delivery will be issued after:
- Receiving the correspondence.
- Disclosure of correspondence in the system on the assigned e-address of a public entity,
- 14 days from the date of sending correspondence by the public authority to the address of the non-public entity.
Exclusions of the use of eDelivery service for entrepreneurs
The Electronic Deliveries Act stipulates that the eDelivery service will not apply to:
- Correspondence containing non-public information.
- Proceedings governed by the Act of 11 September 2019, on Public Procurement.
- Proceedings for granting concessions under the Act on Concession
- Agreements for Construction Works or Services.
- Cases where a special provision provides otherwise.
- Exchange of data with ICT systems using network services.
eDelivery for entrepreneurs in Poland – summary
eDelivery for entrepreneurs aims to improve and modernize communication between entrepreneurs and public authorities. Thanks to this solution, it will be possible to handle official matters remotely. A personal visit to the office will be no longer necessary.
If you find the above article interesting and want to know more about the topic, we invite you to cooperate with us. Experts from our law office in Łódź are ready to assist you. Contact us today and let us help you. If you need help in establishing a family foundation, send us a message, we will contact you back.