Poland

[PL] Act on Electronic Signatures Signed by President

IRIS 2001-10:1/32

Małgorzata Pęk

National Broadcasting Council of Poland

On 11 October 2001 the President of the Republic of Poland signed the Act on Electronic Signatures adopted by Parliament on 18 September 2001.

The Act on Electronic Signatures regulates the conditions for the use of electronic signatures and so-called secure electronic signature. The latter is made by a secure signature-creation-unit, used to implement the signature-creation data, which establishes whether the document has been amended after signing and protects the document against alteration by a third party. The Act on Electronic Signatures envisages treating an electronic signature as a written signature when it is covered by a certificate provided by a recognised, so-called qualified certification service provider.

The Act also sets out the rules on providing certification services, duties of certification service providers, supervision by the Minister of Commerce over certification service providers, framework for certification policies of qualified certification service providers, provisions on register of qualified certification service providers, measures guaranteeing the security of documents carrying an electronic signature, provisions on the liability of service providers for damage caused and criminal sanctions for abusing the signatures.

The equal treatment of the secure electronic signature as regards written signatures will even enable communication with the authorities in electronic form. The Act provides that within four years from its entry into force, public institutions will have to accept applications and other documents in electronic form, when it is legally required to use the electronic form or a specified standard.