Is an electronic signature legal in Poland?

Written, electronic and documentary form

Written form (article 78 §1) requires a handwritten signature. Electronic form (article 78(1)) requires a qualified electronic signature and is equivalent to written form. Documentary form (article 77(2)) only requires a document that makes it possible to identify the person making the statement, so a simple e-signature can satisfy it.

Under article 73 §1, failing to use a required written, documentary or electronic form causes nullity only where a statute says so. Under article 77 §2, terminating or withdrawing from a contract concluded in written, documentary or electronic form requires documentary form, unless the law or the contract provides otherwise.

Where a notary or handwriting is required

Transferring ownership of real estate requires a notarial deed (article 158). A holographic will must be written entirely by hand, signed and dated by the testator (article 949 §1).

Under the Labour Code, an employment contract is concluded in writing (article 29 §2), and notice of termination should be given in writing (article 30 §3). Check the current requirements before using an electronic process for these.

Practical tips for businesses in Poland

Use a simple e-signature with an audit trail for contracts with no form requirement or with documentary form, and a qualified signature where written form is required.

eSignSimple provides simple electronic signatures with an audit trail (timestamps, IP addresses and a document hash). It is not a qualified trust service provider and does not issue qualified electronic signatures, so use a QES provider where the law requires one.

This page is general information about how electronic signature law works, not legal advice. For a specific high-value or regulated transaction, check with a qualified lawyer in the relevant jurisdiction.