Online access to public offices

Parliament has passed an amendment to the Act on the Computerization of Activities of Entities which Perform Public Tasks. The legislation still needs to be signed by the president.

The amendment will make it possible for the citizens and entrepreneurs to submit documents over the internet without needing a “secure electronic signature.” The changes also provide legal grounds for the operation of electronic administration. For example, the provisions of tax law stipulate that an entrepreneur has the right to review the files concerning its case, to take notes or make copies on the premises of a tax authority, in the presence of a tax official.

In another change facilitated by the amendment, entrepreneurs will have online access to the letters submitted to or sent by the tax authority as e-documents.

Recording of trials could speed up judicial process

On February 23, the government accepted draft legislation which is to change the Code of Civil Procedure. It will be discussed next by the Sejm.

The bill will allow electronic minutes of court proceedings to be recorded in audio or audio-visual form. This will provide a better resource for assessing the examination of evidence and court audits than the traditional (written) minutes.

This solution may speed up the judicial process and increase the number of cases examined, since the judge will not have to dictate the contents of the minutes to the stenographer (as is currently the case). This may result in faster receipt of receivables and recognition of rights for entrepreneurs appearing in court, for example.

The government has proposed that the new provisions should become binding on July 1, 2010. Equipping courtrooms with the proper equipment is to take place over the 2010-2012 period.

Broader reporting of debtor information

The Sejm recently accepted the Act on Making Business Information Available, which completely changes a 2003 law which has been in force until now.

The new provisions should make it possible for a considerably greater number of entities to report information about debtors to business information bureaus than have been able to until now. At the same time, they will let “third-party creditors” – entities which have purchased debt – to report such information.

The Sejm has also decided to broaden the range of legal titles authorized to provide business information to the relevant bureaus. With the exception of consumer loan contracts, one would be able to report debt under postal services contracts, telecommunication services contracts, energy, water and gas supply contracts, waste removal contract, and so on.

The Act will now be debated by the Senate, which should either accept it or propose changes within 30 days.

Compiled by Peter Nielsen & Partners Law Office. Contact: Mirosław Stefanik, ms@pnplaw.pl