E-Signature Regulations

Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?

The list of qualified providers is available on a portal made available by the European Commission. At the national level, the Minister responsible for IT maintains a register of trust service providers. Providers who have been entered in the above register then receive a certificate issued by the National Certification Centre and are included in the trusted list maintained by the Minister for Informatization (https://www.nccert.pl/uslugi.htm).

Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.

The eIDAS Regulation distinguishes three types of electronic signatures, which are valid in the Polish legal system: 1) electronic signature; 2) advanced electronic signature; 3) qualified electronic signature.

In Poland the qualified electronic signature is equal to a handwritten signature. This means that in cases where the law requires that the agreement be made in writing under pain of invalidity, if the parties want to conclude the agreement electronically, their signatures shall be qualified.

What is the legality of e-signatures in your jurisdiction? Are there key exceptions?

Most documents and contracts that do not require a written form can be signed using a non-qualified e-signature. The following are examples of contracts for which the law requires a written form, which means that only a qualified signature can be used to sign them: employment contract, non-competition agreement, agreement on the transfer of author’s economic rights, real estate agency agreement, lease agreement. The parties to a contract may also adopt a written form for changes to the contract.

What is the e-signature law enforceable in your jurisdiction?

As of October 7, 2016, the Law of September 5, 2016 on Trust and Electronic Identification Services is in force. This Act aims to apply Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market, (“eIDAS Regulation”).

eIDAS 2.0

Regulation (EU) No 2024/1183 of the European Parliament and of the Council of 11 April 2024, amending Regulation (EU) No 910/2014 to establish a European Digital Identity framework, came into effect on 20 May 2024. It introduces the European Digital Identity Wallet, which allows users to:

• confirm their identity both online and in person;
• obtain and store credentials proving their rights or authorizations;
• sign documents with a qualified electronic signature, legally equivalent to a handwritten signature across the EU.

eIDAS 2.0 also expands trust services to include remote management of signature/seal devices, issuance and validation of electronic attribute credentials, electronic archiving, and electronic registers, while ensuring interoperability of qualified trust services throughout the EU.

The regulation is expected to be fully implemented by 2026 or 2027.