Electronic signatures in Poland: eIDAS, the Civil Code and documentary form
Polish law distinguishes written form, electronic form and documentary form — and that distinction decides what a simple electronic signature can do. Here is how eIDAS and the Polish Civil Code fit together, which documents need a notary, and how to keep good evidence.
On this page
- Are electronic signatures legal in Poland?
- Written, electronic and documentary form
- Types of electronic signature in Poland
- Documents that often need more than a simple e-signature
- Collecting stronger evidence with simple e-signatures
- How to send a document for signature in Poland with Signkoi
- FAQ
- Is a simple electronic signature valid in Poland?
- What is documentary form?
- Can I use the trusted profile signature (podpis zaufany) for private contracts?
Poland has a well-developed digital ecosystem: many people already sign documents for public authorities with the trusted profile (profil zaufany), and qualified electronic signatures are common in business. For private contracts, the key to understanding electronic signatures in Poland is the Civil Code's distinction between three forms: written, electronic and documentary.
Are electronic signatures legal in Poland?
Yes. The legal framework has three main parts:
- The eIDAS Regulation (EU) No 910/2014, as amended by Regulation (EU) 2024/1183, applies directly. An electronic signature can't be denied legal effect or admissibility as evidence just because it is electronic, and a qualified electronic signature has the same legal effect as a handwritten one. For the EU-wide framework, see our guide to electronic signatures in the European Union.
- The Act of 5 September 2016 on trust services and electronic identification (ustawa o usługach zaufania oraz identyfikacji elektronicznej) supplements eIDAS in Poland and replaced the earlier Electronic Signature Act of 2001.
- The Civil Code (Kodeks cywilny). As a rule, a declaration of intent can be expressed by any conduct that shows it sufficiently, including electronically (article 60). Most contracts therefore need no particular form.
Written, electronic and documentary form
The Civil Code sets out several forms that matter for electronic signing:
- Written form (forma pisemna) — requires a handwritten signature on the document.
- Electronic form (forma elektroniczna) — a declaration in electronic form signed with a qualified electronic signature is equivalent to written form (article 78¹). Under Polish civil law, this is generally the only electronic way to meet a written-form requirement.
- Documentary form (forma dokumentowa) — introduced in 2016, it only requires a document that allows the person making the declaration to be identified (article 77²). An email or a PDF signed with a simple electronic signature will generally meet it.
Where the law or a contract requires written form, the consequences of not meeting it vary: sometimes the act is invalid, and sometimes the form matters only for evidence or for specific effects. It is worth checking which applies to your document.
Types of electronic signature in Poland
- Simple electronic signature (zwykły podpis elektroniczny) — for example, a typed or drawn signature submitted through a secure link.
- Advanced electronic signature (zaawansowany podpis elektroniczny) — uniquely linked to and capable of identifying the signer, with later changes detectable.
- Qualified electronic signature (kwalifikowany podpis elektroniczny) — based on a qualified certificate from a qualified trust service provider; equivalent to a handwritten signature.
In dealings with public authorities, Poles also commonly use the trusted signature (podpis zaufany) and the personal signature (podpis osobisty) on the e-ID card. These are designed for the public sector; in private-law relationships, it is generally the qualified electronic signature that is treated as equivalent to written form.
Signkoi provides simple electronic signatures with strong evidence. It does not create advanced or qualified signatures.
Documents that often need more than a simple e-signature
- Anything that requires written form for validity. If the law requires written form on pain of invalidity, a qualified electronic signature or a handwritten one is generally needed.
- Real estate. Contracts transferring ownership of real estate require a notarial deed (akt notarialny) (article 158 of the Civil Code).
- Company law. Transfers of shares in a limited liability company (sp. z o.o.) generally require written form with notarially certified signatures, and many corporate acts require a notarial deed.
- Family law. Marital property agreements require a notarial deed.
- Wills. A will is generally either written entirely by hand, dated and signed by the testator, or made before a notary.
Collecting stronger evidence with simple e-signatures
For contracts that need no particular form or only documentary form, the evidence around the signature is what counts if it is ever challenged:
- Identification. Documentary form depends on being able to identify the person. Send the document to a known email address and, for important agreements, add an access code shared separately or an email one-time code.
- Integrity. A tamper-evident seal on the signed PDF makes later changes detectable, and a trusted timestamp records when signing took place.
- Audit trail. Record when the document was sent, opened and signed, with IP address and browser.
- Retention. Keep the signed PDF and its certificate of completion together with your records.
How to send a document for signature in Poland with Signkoi
- Upload your PDF — a contract, offer (oferta) or order.
- Add your signers by name and email, and set a signing order if needed.
- Place the fields — signature, initials, date, text or checkboxes.
- Add an access code or email one-time code for sensitive documents.
- Set reminders and an expiry date, then send.
Recipients sign in their browser without creating an account, and the signing pages are available in Polish. The completed PDF is sealed and timestamped, and you receive a certificate of completion summarising the audit trail. Anyone holding the PDF can check that it is unchanged at signkoi.com/verify. For other countries, see our e-signature legality overview.
FAQ
Is a simple electronic signature valid in Poland?
Generally yes, for contracts that need no particular form or only documentary form. It doesn't meet a statutory written-form requirement, for which a qualified electronic signature or a handwritten signature is generally needed.
What is documentary form?
Documentary form (forma dokumentowa) only requires a document that makes it possible to identify the person making the declaration. An email or a PDF signed with a simple electronic signature will generally meet it.
Can I use the trusted profile signature (podpis zaufany) for private contracts?
The trusted signature is designed for dealings with public authorities. In private-law relationships, its status is less clear-cut, and it is generally the qualified electronic signature that is treated as equivalent to written form. Take legal advice if written form is required.
This article is general information, not legal advice. Polish law and its interpretation can change, and the right signing method depends on the document and the circumstances. For an important or regulated document, talk to a qualified lawyer (adwokat or radca prawny) or notary in Poland.
