Poland: legal requirements and validity of electronic signatures

The guide below explores the legal landscape, requirements, and adoption of electronic signatures in Poland, addressing key questions about their validity and use.

Main laws determining the legality and binding status of electronic signatures in Poland

The legal framework governing electronic signatures in Poland is primarily based on both national and European Union (EU) law. They include:

1. The Act on Trust Services and Electronic Identification (Ustawa o usługach zaufania oraz identyfikacji elektronicznej: In Poland, the Act on Trust Services and Electronic Identification of September 5, 2016, implements the eIDAS Regulation at the national level. This act provides the legal basis for the use of electronic signatures and defines the types of electronic signatures recognised under Polish law. You can find the full text of the Act here. 
2. EU eIDAS Regulation (Regulation (EU) No 910/2014): It establishes a framework for electronic identification and trust services for electronic transactions in the internal market. This regulation is directly applicable in Poland and other EU member states. You can find the Regulation here. 

According to the eIDAS Regulation and the Polish Act, there are three types of electronic signatures:

• Simple electronic signature(SES): The basic level, which does not require any specific technical standards.
• Advanced electronic signature(AES): This type must meet certain security standards, such as being uniquely linked to the signatory and capable of identifying the signatory.
• Qualified electronic signature(QES): The highest level, which requires the use of a qualified certificate issued by a trusted service provider. A QES has the same legal effect as a traditional “wet-ink” signature.

Each type has different legal implications and levels of security. 

These laws provide the foundation for the legal recognition and use of electronic signatures in Poland. They define different types of electronic signatures and their legal status, ensuring that properly executed electronic signatures carry the same weight as handwritten signatures.

The Civil Code of Poland (Kodeks Cywilny) also plays a role, as it recognises electronic signatures as a means to meet the requirement for written form in contracts and agreements, provided they meet the standards set by the relevant laws. You can find the Code here. 

Relevant standards and conditions for a legally binding signature in Poland

For an electronic signature to be legally binding in Poland, it must comply with the standards set out in the eIDAS Regulation and the Polish Trust Services Act. These standards vary depending on the type of electronic signature used.

• Simple electronic signature (SES): This can be legally binding but may not be sufficient in cases where the law specifically requires a higher standard of security or identification, such as in high-value contracts or transactions involving sensitive data.
• Advanced electronic signature (AES): To be legally binding, an AES must be uniquely linked to the signatory, capable of identifying the signatory, created using electronic signature creation data that the signatory can, with a high level of confidence, use under their sole control, and linked to the data signed therewith in such a way that any subsequent change in the data is detectable.
• Qualified electronic signature (QES): A QES is considered equivalent to a handwritten signature under Polish law and is legally binding in all cases where a handwritten signature is required. In addition to the requirements of an AES, a QES must be created by a qualified electronic signature creation device and based on a qualified certificate issued by a qualified trust service provider.

For the strongest legal standing, especially in formal contracts and legal documents, it is best to use either an AES or a QES. A qualified electronic signature provides the highest level of security and legal recognition.

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Find out more about eSignature laws in Eastern Europe:

• Legal requirements for eSignature in Croatia
• Legal requirements for eSignature in Cyprus
• Legal requirements for eSignature in Czechia
• Legal requirements for eSignature in Estonia
• Legal requirements for eSignature in Hungary
• Legal requirements for eSignature in Latvia
• Legal requirements for eSignature in Lithuania
• Legal requirements for eSignature in Romania
• Legal requirements for eSignature in Slovakia
• Legal requirements for eSignature in Ukraine

Circumstances where electronic signatures may not be valid in Poland

While electronic signatures are broadly recognised and legally binding in Poland, there are certain circumstances where an electronic signature might not be considered valid:

1. Lack of compliance with required standards: If the electronic signature does not meet the necessary standards, such as using a simple electronic signature where a qualified signature is required, it may not be legally binding.
2. Specific legal requirements: Certain types of documents and contracts, such as those related to real estate transactions, matrimonial agreements, or wills, may require a handwritten signature or a notarial deed to be valid under Polish law. In these cases, an electronic signature would not suffice.
3. Fraud or misuse: If there is evidence of fraud, coercion, or the misuse of an electronic signature, the validity of the signature can be challenged in court.
4. Technical failures: If the integrity of the electronic signature is compromised due to technical failures, such as the alteration of the signed document, the signature may be considered invalid.

Recent court decisions on electronic signatures in Poland

Polish court rulings have consistently upheld the legal validity of electronic signatures, particularly those conforming to the standards of an advanced electronic signature (AES) or qualified electronic signature (QES). A significant case in this regard is the 2023 decision by the Supreme Administrative Court, which clarified that a document signed with a QES is considered legally valid if the signature was affixed while the qualified electronic signature certificate was still active. The court further emphasised that the expiration of the certificate before the verification process does not affect the validity of the signature. The case also confirmed that electronic signatures are valid for filing administrative complaints. You can find the judgement here. 

This ruling underscores the robustness and reliability of the legal framework for electronic signatures in Poland. The stability of the legal framework governing eSignatures in Poland is evidenced by the absence of significant legal challenges or amendments in recent years. This indicates that the system is well-established and enjoys the confidence of both the judiciary and the broader legal community.

Forthcoming legislation on electronic signatures in Poland

As of now, there is no specific forthcoming legislation in Poland that would significantly alter the legal landscape for electronic signatures. The existing framework, based on the eIDAS Regulation and the Polish Trust Services Act, is considered comprehensive and aligned with EU standards. This regulatory environment has provided a stable foundation for businesses and individuals to adopt electronic signatures with confidence, knowing they are legally recognised across the EU.

However, it is worth noting that the Polish government, along with other EU member states, is continuously monitoring developments in digital security and electronic transactions. The rapid pace of technological advancement and the increasing sophistication of cyber threats necessitate ongoing vigilance. Future updates to the legal framework may focus on enhancing security measures, such as implementing stricter authentication protocols, improving the robustness of cryptographic techniques, and introducing new standards to combat emerging forms of electronic fraud.

Moreover, as the digital economy expands, there is likely to be a greater emphasis on interoperability between different electronic identification systems across EU member states. This could lead to enhancements in cross-border electronic transactions, making it easier for businesses to operate seamlessly within the single market. Additionally, there may be efforts to further harmonise the legal requirements for electronic signatures across various industries, ensuring that all sectors can benefit from the efficiencies and security that eSignatures provide.

Businesses operating in Poland should stay informed about any potential updates to ensure ongoing compliance with the law. This includes not only monitoring legislative changes but also staying up-to-date with best practices in digital security and eSignature technology. By proactively addressing these developments, businesses can continue to leverage electronic signatures as a secure and efficient tool in their operations.

Industry-specific standards for electronic signatures in Poland

While the general legal framework for electronic signatures applies across industries, some sectors may have specific requirements and standards. These industries include:

1. Financial services The financial sector often requires the use of AES or QES for transactions to ensure the highest level of security and regulatory compliance.
2. Healthcare: Healthcare providers may need to use advanced or qualified electronic signatures when handling patient records and other sensitive information to comply with data protection regulations.
3. Real estate: Transactions involving real estate typically require handwritten signatures or a higher standard of signature, often a QES, especially for contracts that must be recorded in public registries.
4. Legal services: Law firms and notaries may also require the use of QES for legal documents, particularly when representing clients in court or in dealings with government agencies.
5. Public administration: Advanced or qualified electronic signatures may be required for official documents. 

It is important for businesses to check industry-specific regulations and consult with legal experts to ensure compliance with both industry standards and legal requirements.

Adoption of electronic signatures in Poland

The adoption of electronic signatures in Poland has been steadily increasing, particularly in the wake of the COVID-19 pandemic, which accelerated the need for remote and digital transactions. Businesses and government agencies alike have embraced electronic signatures for their convenience and efficiency.

Poland’s legal framework, being aligned with EU regulations, has provided a solid foundation for this adoption. As a result, eSignatures are now widely used in various sectors, including finance, real estate, healthcare, and legal services. Some factors contributing to this adoption include:

• Government initiatives promoting digitalisation
• Increased acceptance of electronic signatures in legal and administrative processes
• Growing awareness of the efficiency and cost-saving benefits of electronic signatures

Leading providers of electronic signatures in Poland

Poland has a diverse market for electronic signature solutions, with several providers offering services that comply with both national and EU standards. Some of the leading providers include:

1. DocuSign: A global leader in electronic signature solutions.
2. Juro: A popular contract automation platform known for its user-friendly interface and robust security features, Juro is a popular choice for businesses of all sizes.
3. Adobe Sign: Part of the Adobe Document Cloud suite.
4. Yousign: A European electronic signature solution.
5. GetAccept: Combines electronic signatures with sales enablement tools.
6. SignNow: Offers a user-friendly platform for electronic signatures. 
7. Scrive: Specialises in electronic signature and identification solutions for various industries.
8. HelloSign: A Dropbox company providing electronic signature solutions.

These providers offer a range of solutions tailored to different business needs, ensuring that companies in Poland can find a service that meets their specific requirements.

FAQ: common questions about electronic signatures in Poland

Are electronic signatures legally binding in Poland?

Yes, electronic signatures are legally binding in Poland, provided they meet the standards set out in the eIDAS Regulation and the Act on Trust Services and Electronic Identification.

What is the difference between a simple, advanced, and qualified electronic signature?

A simple electronic signature is the most basic form, while an advanced electronic signature must meet specific security criteria. A qualified electronic signature, the highest standard, is legally equivalent to a handwritten signature.

Can I use an electronic signature for all types of contracts in Poland?

No, certain contracts, such as those related to real estate or requiring notarization, may require a handwritten signature or a notarial deed.

What are the risks of using a simple electronic signature?

A simple electronic signature may not provide sufficient security or legal assurance in more significant or sensitive transactions, which might require an advanced or qualified electronic signature.

Do I need a special device to create a qualified electronic signature?

Yes, qualified electronic signatures typically require a secure signature creation device, often in the form of a smart card or USB token.

Can foreign electronic signatures be used in Poland?

Yes, qualified electronic signatures from other EU countries are recognised in Poland under the eIDAS Regulation.

How widespread is the use of electronic signatures in Poland?

The use of electronic signatures in Poland is widespread, particularly in sectors like finance, real estate, and healthcare, though there is still potential for greater adoption among SMEs.

What should I consider when choosing an electronic signature provider in Poland?

When choosing a provider, consider the level of security you need (AES or QES), compliance with Polish and EU law, ease of use, and integration with your existing systems.

Who are the leading providers of electronic signatures in Poland?

Leading providers include Juro, DocuSign, and Adobe Sign offering a range of solutions to meet various needs, depending on your company and use case.

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Poland has embraced electronic signatures as a legally valid and efficient way to conduct business and administrative processes. With a clear legal framework and growing adoption across industries, electronic signatures are set to play an increasingly important role in Poland's digital economy. By understanding the legal requirements and available options for electronic signatures in Poland, businesses can confidently move forward with digital transactions, ensuring both convenience and compliance.

Juro is not a law firm and this article should not be relied on as legal advice.