In Poland, a handwritten agreement is not necessary for contractual obligations under the law. Contracts are generally valid whether agreed upon orally, digitally, or in writing—unless the law specifies a particular format for specific transactions.
Polish law dictates varying requirements depending on the type of agreement. Penalties for failing to adhere to these formalities can range from invalidating the contract to making certain contractual obligations unenforceable. When Polish law does not require a written format, digital documentation is sufficient.
Although handwritten ink signatures are traditionally required, a certified electronic signature can substitute for a handwritten one, provided both parties agree. However, this only applies in specific cases, and certain legal documents may still demand more robust forms of authentication.
Looking to expand your business in Poland? Schedule a free consultation with our company formation experts today.
What is an Electronic Signature in Poland?
The use of electronic signatures in Poland is governed by both Polish national laws and the eIDAS Regulation (EU Regulation 910/2014), which became effective on July 1, 2016. The eIDAS Regulation establishes the requirements for electronic signatures in Poland and all other EU member states.
It introduced three types of electronic signatures:
- Simple Electronic Signature (SES)
- Advanced Electronic Signature (AES)
- Qualified Electronic Signature (QES)
According to the eIDAS Regulation, an electronic signature cannot be rejected for legal reasons just because it is digital. In Poland, a QES has the same legal status as a handwritten signature and is accepted in all EU member states.
In Poland, the Law on Security and Digital Identifying Solutions (September 5, 2016) ensures the country’s compliance with the eIDAS Regulation. The law also addresses digital certificates, establishing a legal framework for electronic signatures in Poland.
Read More: What are digital signatures?
When Can You Use a Standard Electronic Signature (SES)?
SES is typically suitable for documents such as:
- Purchase Orders
- Shipping Documents
- Technical Handbooks and Guidelines (excluding certain customer credit facilities)
- Software Licenses (excluding exclusive licenses)
- Business Contracts (e.g., sales orders, purchase recognitions, and non-disclosure agreements)
Examples of documentation that can be signed using an SES include:
- Sales agreements
- Licensing agreements
- Contracts between businesses
When Are Other Types of Electronic Signatures Required?
In specific scenarios, other types of signatures are required, such as:
Non-disclosure agreements and staff invention contracts, which may fall under specific legal regulations that require more robust identification.
Intellectual property agreements, like software patents or licenses to IP rights, require advanced authentication via AES or QES.
QES is also mandatory for any statement of will that must be in writing under the Polish Civil Code (Art. 78).
Scenarios Where Electronic Signatures Are Not Appropriate
Certain transactions still require handwritten signatures or notarization, and digital signatures cannot be used for:
- Employment Documents: Contracts, compensation records, and terminations are not eligible for digital signatures under Poland’s Labor Code.
- Real Estate Transactions: Documents related to real estate deals, such as those governed by Art. 158 of the Civil Code, require handwritten signatures or notarization.
- Family Law Documents: Agreements such as marriage contracts and inheritance-related documents must be signed in person or notarized.
Types of Electronic Signature in Poland
Poland uses a tiered approach to electronic signatures:
- AES (Advanced Electronic Signature): This type of signature provides advanced authentication by the user and is commonly used for various contracts.
- QES (Qualified Electronic Signature): This signature provides the highest level of security and is legally equivalent to a handwritten signature in the EU.
Poland, as part of the European Union, follows the eIDAS Regulation standards, which specify the requirements for QES and SES. The SHA-2 encryption algorithm is mandated for digital signatures as of July 2018, replacing the older SHA-1 technique.
Local Technology Standards
Poland’s laws recognize the Certified Electronic Signature, which requires authentication by an authorized certifying authority. Although this is required by law only for certain types of transactions, Poland uses European Telecommunication Standards to regulate the technological requirements for QES.
As per the eIDAS Regulation, digital signatures must adhere to strict technological standards for certification, including SHA-2 encryption to enhance security.
Conclusion
Electronic signatures in Poland, regulated by both national laws and the eIDAS Regulation, offer a secure and legally recognized way to conduct business digitally.
From Simple Electronic Signatures (SES) for standard agreements to Qualified Electronic Signatures (QES) for more sensitive documents, Poland provides various options based on the type of transaction. Always ensure that you understand which form of signature is required for your specific contract type to ensure legal validity and security.
FAQ’s
For most cases, electronic signatures do not require physical witnessing. However, in specific scenarios (e.g., employment contracts), a handwritten signature may still be required by law.
Documents like real estate transactions, employment contracts, and family law documents require traditional handwritten signatures or notarization.
To obtain a QES in Poland, you must go through a certified provider that is recognized by the Polish government under the eIDAS Regulation.
Yes, a QES recognized in Poland is also legally recognized across all other EU Member States, providing consistency in cross-border business transactions.