The Ministry of Digital Affairs has prepared a new solution for entrepreneurs to facilitate communication with public authorities. Electronic delivery for entrepreneurs (e-delivery) let you settle matters without appearing in person at the facility. How to use them? We answer this and other questions below.

Electronic delivery 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:

attorneys-at-law
legal counsellors
tax advisors
restructuring advisors
notaries
patent attorneys
attorneys of the General Counsel
court bailiffs

Procedure for obtaining access to the service of electronic delivery 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.

Electronic delivery – 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 electronic delivery service

The service of electronic delivery 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.
Courts.

How to prepare for the implementation of an electronic delivery 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.

Do you know what the KSeF system is? Find current information about the National eInvoice System in this article.

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.