Legal Alert | e-Delivery – new obligations for entrepreneurs

From 1 April 2025, entrepreneurs registered with the National Court Register  will be required to have an active e-Delivery mailbox. The new system is intended to ensure effective, green and efficient communication between entrepreneurs and public administration bodies. It is also a further step in digitalizing public administration.

What is e-Delivery?
e-Delivery is a registered electronic delivery service that allows correspondence to be sent and received electronically with an official confirmation of the date of sending and delivering correspondence.

e-Delivery is the electronic equivalent of a registered letter with acknowledgement of receipt. E-deliveries allow for a completely electronic exchange of correspondence between:

1. public entities and entrepreneurs, and
2. non-public entities (e.g. business-to-business, business-to-lawyer, etc.).

Types of service
An e-Delivery mailbox can be set up:

1. with a designated operator (Poczta Polska) – a public service in which, as an entrepreneur, you can have an account and correspond with a public entity free of charge. However,  sending correspondence between non-public entities, for example, between entrepreneurs or from an entrepreneur to a lawyer, is paid for but is much cheaper than sending a traditional registered letter, and
2. with private providers of an e-service (e.g. Polska Wytwórnia Papierów Wartościowych) – a qualified service of registered electronic delivery (payable according to the rules established by the operator).

What are entrepreneurs’ obligations resulting from implementing e-Delivery?
The primary obligation of entrepreneurs related to the changes is to set up and activate a unique electronic delivery address and associated mailbox. The electronic address will then be entered into the Electronic Address Database maintained by the Ministry of Digitalization. An entry in the Electronic Address Database essentially is a request for public entities to deliver correspondence to this address. For those entrepreneurs who do not set up their addresses within the statutorily required timeframe, this may mean significant difficulties in contacting public administration.

Who is obliged to implement e-Delivery?
The obligation to implement e-Delivery applies to:

1. entrepreneurs registered in the Central Register and Information on Economic Activity (CEIDG),
2. entrepreneurs registered in the National Court Register (KRS),
3. foundations,
4. associations, and
5. members of certain public trust professions.

When must an entrepreneur implement e-Delivery for their business?
For the entities identified in 1-5 above, different deadlines to implement e-Delivery apply. The deadlines for entrepreneurs depend on the date they registered in the CEIDG or KRS. The timetable to implement e-Delivery is presented in the table below:

Note: Entrepreneurs registered in the CEIDG before 1 January 2025 who then apply to change their entry in the CEIDG after 30 June 2025 must provide data to create an address for e-Delivery when applying to make changes in the CEIDG.

Public trust professions, such as solicitors, barristers, and bailiffs, are obliged to implement e-Delivery from 1 January 2025.

How to create an e-Delivery address for an entrepreneur?
To set up an e-Delivery mailbox, you must have a Trusted Profile provided by Polish government (Profil Zaufany) or an e-ID.

• Entrepreneurs registering in the KRS
  Entrepreneurs registered in the KRS before 1 January 2025 should apply to set up an e-Delivery address. The application can be submitted via the e-service at biznes.gov.pl.
  Entrepreneurs who are registering in the KRS from 1 January 2025 must provide the data to create an e-Delivery address in their application to register in the KRS.

• Entrepreneurs registering in the CEIDG
  Entrepreneurs registered in the CEIDG before 1 January 2025 currently can:

1. 1. apply for an e-Delivery address at biznes.gov.pl, and
   2. provide the data to create an address when changing their business’ details in the CEIDG.

Entrepreneurs who are registering their activity in the CEIDG from 1 January 2025 provide information to create an e-Delivery address when applying to register their business.

Once the application has been verified, the established e-Delivery mailbox must be activated. When activated, the address is entered into the Electronic Address Database and the mailbox allows you to send and receive messages.

A request to create an e-Delivery address can be made by proxy.

How can we help?
We can help you to implement electronic delivery securely and effectively by, among other things:

1. training those responsible for administering the mailbox to ensure that correspondence is correctly circulated,
2. support in preparing procedures for handling e-Delivery mailboxes,
3. support in setting up the mailbox, including setting it up under a power of attorney, and
4. the day-to-day operation of the mailbox (particularly for foreign entrepreneurs).

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