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 employer 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).
Therefore HR-related documents can be created directly in electronic form, without need for a paper original beginning January 2019. Rules around creating natively electronic documents and converting paper records to hard copies will likely be determined in the coming months.
Led by PeopleDoc’s Chief Legal & Compliance Officer, the HR Compliance Assist team relies on a network of internal and external compliance experts and lawyers, including the global law firm Morgan Lewis, to provide clients with best practices and recommendations on topics such as HR document retention, employee data privacy, and HR electronic records. HR Compliance Assist also provides local compliance monitoring and alert services in select countries where PeopleDoc’s customers have employees. HR Compliance Assist is a service exclusively available to PeopleDoc customers.