Compulsory establishment of data boxes in 2023

As a result of the legislative changes adopted in connection with the digitization of procedures of public authorities, from 1 January 2023 data boxes will be mandatorily established for entrepreneurial natural persons (so-called sole traders or self-employed persons) and all legal persons who are registered in the statutory register and do not have a data box yet. These include, for example, associations of owners of residential units, registered associations or foundations.  

At the last minute, however, the automatic establishment of data boxes for non-business natural persons was cancelled, it should have occurred, for example, when logging in with a bank identity or electronic ID card to any digital service of the state. Considering possible lower digital literacy of some citizens and the possible lack of awareness of some of the potentially serious consequences of using a data box, its establishment will remain voluntary for non-entrepreneurial natural persons. 

The gradual establishment of data boxes will take place from 1 January to 31 March 2023, when new users will receive their login data from the Ministry of the Interior in their own hands or in the data box of a natural person, if an entrepreneurial natural person has established his/her own data box of a natural person as a "non-entrepreneur". 

If you are one of the persons affected by the mandatory establishment of data boxes, it is certainly worthwhile to study the possible consequences of using a data box. The most important consequences are probably those related to the delivery of documents. After the establishment of a data box, public authorities should primarily deliver documents via such data box. 

It is important to know, however, that in the case of data boxes, the delivery of the document is effected by the mere logging in by the relevant person to the data box. Furthermore, if the authorized person does not log in to the data box within 10 days of the date on which it was received to the data box, the document is deemed by law to have been delivered. This would not apply only if the possibility of substitute service is expressly prohibited by law.