Legality of eSignatures in Poland
Background
Electronic signature technology is transforming the conventional methods of document verification, presenting efficient and environmentally friendly options that are rapidly gaining popularity in Poland and globally. These digital substitutes for the usual signing process minimize paper use and accelerate transaction completion1.
It is crucial for those adopting electronic signatures in Poland to grasp the essential factors involved. Selecting a service for electronic signatures that adheres to the nation’s legal requirements, precisely the 2016 Act on Trust and Electronic Identification and the eIDAS Regulation, is vital. Adherence to these laws is essential for electronic signatures to be legally acknowledged as equivalent to their handwritten counterparts within Poland. Despite the broad acceptance of electronic signatures, it is essential to note that certain documents may still necessitate a traditional signature, and seeking legal counsel is advisable to navigate any local regulatory nuances.
The security provided by electronic signature platforms is paramount. These services must include robust security features like data encryption, identity checks, and comprehensive audit logs to deter unauthorized access and ensure document authenticity. An example of a platform offering these critical security features is BoldSign, which guarantees compliance with both legal requirements and safety protocols.
The security provided by electronic signature platforms is paramount. These services must include robust security features like data encryption, identity checks, and comprehensive audit logs to deter unauthorized access and ensure document authenticity. An example of a platform offering these critical security features is BoldSign, which guarantees compliance with both legal requirements and safety protocols.
For businesses in Poland to fully embrace the advantages of electronic signatures, they must adhere to legal standards, emphasize security, and choose a user-friendly platform. By doing so, they will effectively incorporate electronic signatures into their business workflows, boosting productivity and protecting their transactions.
Overview of the regulation of electronic signatures in Poland
Operations entailing the use of electronic signatures within Poland are regulated by the:
- Act on Trust and Electronic Identification2
- Electronic Identification and Trust Services Regulation [eIDAS]3.
As a rule, the regulation deems electronic signatures legal in the completion of transactions.
Electronic signatures under the regulation are categorized into three categories:
- Simple Electronic Signature
- Advanced Electronic Signature
- Qualified Electronic Signature
A standard eSignature is any electronic data connected to, integrated within, or logically linked with other electronic data, and it verifies the identity of the supposed sender.
An advanced electronic signature is explained as an electronic signature meeting the requirements set out in Article 264. It decrees that advanced electronic signatures must be:
- Uniquely linked to the signer.
- Capable of identifying the signatories.
- Created using means that the signatory can maintain his control.
- Linked to the data it relates to so that any subsequent change to the data is detectable.
Uniquely linked to the signer
A secure electronic signature must be uniquely connected to the person using it. The signature must be uniquely made with methods only the signer can access, such as a private key and confidential information, to verify their identity.
Use and incorporation remaining in the signatories’ sole control
The person using the secure electronic signature must have sole control over the means of creating the signature. Typically, this requires managing a key pair or two-factor authentication, with the signer exclusively holding the private key to prevent signature forgery.
Identify the signers
The process used to create the signature must be capable of identifying the person signing. This may include using a biometric signature, Personal Identification Number (PIN), email address, or company registration number.
Track down any alterations made after signing
It is essential to preserve the authenticity of the signed document. Modifications made to the document post-signature should be identifiable. This is commonly accomplished through an audit trail. Audit trails record the signer’s I.P. address, timestamps of key signing events, and location, providing proof of identity, timing, and signature place.
A qualified electronic signature is an advanced electronic signature generated using a certified device to create electronic signatures. It relies on an accredited certificate specific to electronic signatures. Article 325 sets out validation standards to be met by the one for a qualified Electronic Signature. These are:
- Statutory compliant certificate at the time of signing.
- A qualified trust service provider issued a valid certificate when signing.
- Signature validation data corresponds to the data provided to the relying party.
- A unique set of data representing the signatory in the certificate was correctly provided to the relying party.
- The use of any pseudonym is indicated to the relying party if a pseudonym was used at the time of signing.
- The electronic signature is created by a qualified electronic signature creation device.
- The integrity of the signed data has not been compromised.
- Meets validity standards of an advanced eSignature.
Summary
Type of Signature
Unique Features
Legal Validity
Simple Electronic Signature
- No unique feature other than being data in electronic form.
- Validity is dependent on evidentiary weight.
Advanced Electronic Signature
- Uniquely linked to the signatory.
- Capable of identifying the signatory.
- Created using means that the signatory can maintain his control.
- Linked to the data it relates to so that any subsequent change is detectable.
- Validity is dependent on evidentiary weight across jurisdictions.
Qualified Electronic Signature
- Certificate compliant with laws provided at signing.
- Trust service provider issued a valid certificate at signing.
- Signature validation matches the data given to the recipient.
- The signatory's unique data is accurately given to the recipient.
- Any pseudonym used is disclosed to the recipient.
- Signature made with a qualified electronic signature device.
- Signed data integrity is maintained.
- Meets all features of Advanced Electronic Signature.
- Deemed valid in jurisdictions across the E.U.
| Type of Signature | Unique Features | Legal Validity |
|---|---|---|
| Simple Electronic Signature |
|
|
| Advanced Electronic Signature |
|
|
| Qualified Electronic Signature |
|
|
Electronic platform of public administration services (ePUAP System)
As the digital landscape evolves, nations are crafting secure online transaction and identity verification systems. Poland’s response is the ePUAP, an electronic platform launched in the late 2000s for public services like tax filing and healthcare management. ePUAP authenticates user identities, enabling secure digital signatures for document signing6.
Users can also create company profiles on ePUAP for administrative communication and document endorsement. The portal allows users to file taxes, register for healthcare, and submit various public service forms. For entrepreneurs, Poland offers online business registration through Biznes.gov.pl, a comprehensive platform that communicates with social and tax authorities.
Sole proprietorships can register via CEIDG, while limited liability and partnership companies have two options: the traditional notarial deed method or the simplified online S24 portal, which uses a fixed template for the articles of association.
Scope and limitations of electronic signature transactions
Electronic signature transactions and their utilization do not have universal legal acceptance for document finalization. Consequently, there are specific types of transactions and uses for which electronic signatures are acceptable, while it is unacceptable for others. Below is an analysis of this matter, accompanied by a summarized table of the transactions.
Documents that can be signed
Standard electronic signatures can be utilized to append signatures and offer additional confirmatory signatures to a wide variety of documents, including:
- Human Resources
- Private Procurement
- Software License Agreements
- End User Licences, etc.
On the other hand, Qualified eSignatures can be used to affix signatures in:
- Electronic Court Petitions7
- Notification of public collection8.
- Certified Sworn translations9
- Documents to be submitted under bankruptcy law10.
- Procedural document submitted via the ICT system11.
- Extracts of notarial deeds, extracts, copies, and certifications of documents12.
- Declarations of will under civil code13.
- Power of attorney14.
- Offer and Application to participate in public Procurement15.
- Certain HR documents subject to civil law (other than the Labour Code), such as non disclosure agreements, employee invention agreements or privacy notices.
- License to industrial property16.
- Exclusive license to copyrights17.
- Transfer of industrial property rights18.
- Lease Agreements19
- Transfer of copyrights20
Additionally, qualified electronic signatures are granted legal validity to be used in all normative and legal acts that can be completed in electronic form21.
Where can advanced electronic signatures or qualified electronic signatures be used
Under the Polish Act on Electronic Identification, A.E.S is granted validity to be used in 22:
- Qualified certificates referred to in Annex I(g), Annex III(g) and Annex IV(h) to Regulation 910/2014.
- Information on the status of qualified certificates, including a list of suspended or revoked certificates.
- Other certificates related to the provision of qualified trust services.
Summary analysis
Standard Electronic Signature
Advanced Electronic Signature
Qualified Electronic Signature
- Human Resources
- Private Procurement Software License Agreements.
- End User Licences, etc.
- Qualified Certificates
- Information on the status of Qualified Certificates.
- Transactions and other certificates on Trust services.
- Electronic Court Petitions
- Notification of public collection
- Certified Sworn
- Documents to be submitted under bankruptcy law.
- Procedural document submitted via the ICT system.
- Extracts of notarial deeds, extracts, copies and certifications of documents.
- Declarations of will under civil code.
- Power of attorney.
- Offer and Application to participate in public Procurement.
- Certain HR documents subject to civil law (other than Labour Code), such as non-disclosure agreements, employee invention agreements or privacy notices.
- License to industrial property.
- Exclusive license to copyrights.
- Transfer of industrial property rights.
- Lease Agreements
- Transfer of copyright.
| Standard Electronic Signature | Advanced Electronic Signature | Qualified Electronic Signature |
|---|---|---|
|
|
|
Exempted transactions
The Act under Article 1 exempts the use of electronic signatures in the provision of trust services used exclusively in closed systems resulting from legal provisions, agreements or contracts concluded by a specific group of participants.
Notable case laws
The Supreme Administrative Court in Case No. IOPS 10/13 adopted a resolution reinforcing the stance that, according to the prevailing legal framework, submissions in administrative court cases cannot be efficiently filed through electronic channels using a secure electronic signature.
To ensure the authenticity of an electronic signature, it is advisable to follow these best practices in addition to complying with all applicable legal requirements:
- Confirm the signer’s identity and, in situations involving business dealings, verify that the individual is duly authorized to act on behalf of the company in affixing their signature.
- Secure explicit agreement from the individual signing, which may be incorporated in the contract itself or in a separate accord, to signify their intention to use the specified electronic signature for the document in question.
- Safeguard the document to prevent any modifications after the signature application.
- Keep an exhaustive log of the signing procedure, recording each step the signer performs.
How does BoldSign help
The following elements of compliance available within BoldSign can be used to comply with Polish eSignature laws:
- Secure and unique signing link: A secure and unique link to sign a document is sent directly to the signer’s email address. This helps ensure that the document is only accessed by the intended signer and cannot be tampered with.
- Password protection: Senders can specify a password that needs to be entered before viewing and signing a document. This adds a layer of security to the signing process.
- Audit trail: The IP address of the signer and timestamps for all significant events in the signing process are recorded in an audit trail. This provides a record of who signed the document, when, and where.
- Digital signature: The final document is digitally signed with an AATL-compliant certificate. This ensures that the document cannot be tampered with without invalidating the signature.
- Consent: Signers are asked to confirm their intent to sign electronically and informed that they could opt out. This helps ensure that the signer is aware of the implications of signing electronically and has consented to do so.Signers are asked to confirm their intent to sign electronically and informed that they could opt out. This helps ensure that the signer is aware of the implications of signing electronically and has consented to do so.
- Custom terms: Getting your signers to agree to a custom set of terms. This can be useful to ensure additional security or that the signer understands the terms of the document.
- QES compliance: BoldSign offers fully compliant qualified electronic signatures (QES) that are simple, secure, and legally binding across the EU. QES guarantees that your essential documents are protected with the highest level of e-signature security, giving you peace of mind in your digital transactions. Using BoldSign, you can confidently manage your important documents while ensuring compliance with EU regulations.
Disclaimer: The information on this page is intended to help businesses understand the legal framework of electronic signatures for this particular country.
However, Syncfusion, its officers, directors, stockholders, affiliates, attorneys, accountants, employees, or agents cannot provide legal advice. You should consult your personal attorney regarding your specific legal questions. Laws and regulations change frequently, and this information may not be current or accurate. To the maximum extent permitted by law, Syncfusion provides this material on an “as-is” basis. Syncfusion disclaims and makes no representation or warranty of any kind with respect to this material, express, implied, or statutory, including representations, guarantees, or warranties of merchantability, fitness for a particular purpose, or accuracy.
Syncfusion makes no warranties of any kind, including but not limited to respect to the information or the product, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, Syncfusion disclaims all conditions, representations, and warranties, whether express, implied, or statutory, with respect to this information without limitation any implied warranty of merchantability, fitness for a particular purpose, accuracy, or currentness of this information.
Syncfusion nor their officers, directors, stockholders, employees, affiliates, attorneys, accountants, or agents shall be liable for indemnification, nor does this create an express or implied, contractual or statutory, equitable or otherwise, under this Agreement. The officers, directors, stockholders, affiliates, attorneys, accountants, or agents will not have any liability in any form.
1 Moghrabi, Issam AR, et al. “Digital transformation and its influence on sustainable manufacturing and business practices.” Sustainability 15.4 (2023): 3010.
2 Law on Trust Services and Electronic Identification (2016) [https://sip.lex.pl/akty-prawne/dzu-dziennik-ustaw/uslugi-zaufania-oraz-identyfikacja-elektroniczna-18344658]
3 Regulation (E.U) 910/2014 [http://data.europa.eu/eli/reg/2014/910/oj]
4 Ibid
5 Electronic Identification and Trust Services Regulation 910 of 2014. Art. 32
6 Join Up (European Commission) “ePuap: a Polish approach to building a platform.”[https://joinup.ec.europa.eu/collection/egovernment/document/epuap-polish-approach-building-platform] accessed on 12th April 2024
7 Act of July 11, 2014, on petitions Art. 4 (5)
8 Act on the principles of conducting public collections Art. 9 (2)
9 Act on the profession of sworn translator In the Act of November 25, 2004, on the profession of sworn translator in Art. 18 section 1a
10 Bankruptcy Act [2003] Art. 216a (1) [https://www.global-regulation.com/translation/poland/3353653/act-of-28-february-2003-bankruptcy.html]
11 Code of Civil Procedures Art. 126 (5) [https://www.wipo.int/wipolex/en/text/589861]
12 Code of Civil Procedures art. 694 (3)
13 Civil Code Art. 78 (1) [https://supertrans2014.files.wordpress.com/2014/06/the-civil-code.pdf]
14 Code of Administrative Procedure Art 33 (2a) [https://www.asylumlawdatabase.eu/sites/default/files/aldfiles/EN%20-%20Code%20of%20Administrative%20procedures%20Poland%20.pdf]
15 Public Procurement Act Art 63 [https://www.gov.pl/attachment/8887d698-b2c3-4334-b902-191209dbc6b4]
16 Industrial Property Law art. 76.1, art. 100.1, art. 118.1 and art. 163.1 [Act of June 30, 2000, on Industrial Property Law (as amended up to 2015) (wipo.int)]
17 Copyright Act art. 67.5 [Microsoft Word – Copyright Act]
18 Industrial Property Law art. 12.2 [https://www.wipo.int/wipolex/en/text/571176]
19 Art. 709 [https://sip.lex.pl/akty-prawne/dzu-dziennik-ustaw/kodeks-cywilny-16785996]
20 Copyright Act. art. 53 (Microsoft Word – Copyright Act)
21 [https://sip.lex.pl/akty-prawne/dzu-dziennik-ustaw/oglaszanie-aktow-normatywnych-i-niektorych-innych-aktow-16882207/art-15]
22 Law on Trust Services and Electronic Identification (2016) Art. 16 (1), (2), & (3) [https://sip.lex.pl/akty-prawne/dzu-dziennik-ustaw/uslugi-zaufania-oraz-identyfikacja-elektroniczna-18344658]
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