What is the legal value of native electronic documents (that do not require signature by the parties)?
The majority of legislation generally recognizes the validity and probative value of documents that are natively electronic (i.e., created as electronic originals), subject to compliance requirements.
Historically, the originals of some employee records had to retained in paper form in Poland. Effective January 1, 2019, electronic employee records are specifically permitted to be created and stored electronically (Act on Amendment of Some Acts in Connection with Shortening the Period of Storage of Employee Files and Their Electronicisation, 2018) (“Act on Shortening the Period of Storage of Employee Files”).
In addition, under the Labor Code (Art. 94), employee records that are kept and stored electronically are considered equivalent to records kept and stored in paper form. Therefore HR-related documents can be created directly in electronic form, without need for a paper original beginning January 2019.