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Problems arising in e-government are of multidisciplinary character and require actions and coordinated efforts on the part of all government organizations. The development of e-government as well as problems connected with it are becoming the subject of their activity. The works should be aimed primarily at the development of the general principles for the functioning of e-government in the form of basic legal regulations.

Taking into account all the above mentioned this information will focus on the issues closely connected with economy and present the steps which the Polish Ministry of Economy has already taken to encourage enterprises, especially the small and medium-sized ones to use new information technology in their activity on the large scale. The development of electronic economy is of major importance for the growth of Polish economy as a whole and will also make enterprises more competitive on the global market.

For many Polish enterprises the application of modern methods of conducting economic activity can pose problems  and the smaller the scale of the enterprise, the bigger the problems. Small and medium-sized enterprises are not only short of funds for investments but they also seem to lack the awareness of the benefits resulting from modern methods of conducting economic activity as well as relevant qualifications. Moreover, the high telecommunication costs and the uncertainty as regards legal implications causes that access to the internet is available among small and medium-sized enterprises on a much smaller scale than among large ones. Small firms need a transparent and simple legal environment as well as telecommunication tariffs adjusted to the specific character of electronic economy. One of actions which should no doubt be carried out, will be the promotion of trainings and awareness as well as knowledge raising among both citizens and entrepreneurs.

Electronic signature and electronic certificates confirming the identity are perceived as a prerequisite to the development both  electronic economy as e-administration. It is beyond any question that the e-signature is the essential to the legal turnover with electronic methods as it not only opens the way for performing electronic legal actions buy also guarantees  safety and confidentiality of transactions and relations between citizens and public administration. Therefore this topic has taken the vast part of the activity of the Ministry of Economy. In September 2001 the Polish Parliament approved the Law on the electronic signature and its regulation was put into practice in August 2002. The  Law of 18 September 2001 on the electronic signature is based on the European Directive 99/93/EC  and European  standards, recommendations and guidelines on this respect, worked out  by the vary organizations such as CEN,  ITESEC.
The law on the electronic signature with many executive orders establish the legal framework to the operating the Public Key Infrastructure and enable to use the e-signature as well in electronic turnover and administration procedures.

Basing on the content of the directive, the provisions of the  Polish law on the electronic signature have the following character:

• civil and legal - concerning the introduction of the principle of the equality of the legal consequences of the electronic signature and  hand signature. I this respect  it  introduces relevant changes to  the Polish Civil Code. Exceptions to this rule  concern only these legal actions with respect to which the presently effective regulations require a specific form of making the statement of will (e.g. notarial acts),
  
  
• technical - determining the criteria concerning the construction of the 'infrastructure for the system of certification of the electronic signature', including criteria in the scope of public keys, rules of issuance and cancellation of certificates for electronic signatures, principles of operation and responsiblity of  certification entities as well as the principles of the construction of the  system and technology of making public keys with the use of the assymetric cryptohraphy technique. 

The  law  also specifies  the requirements for entities providing certification services, with respect to the applied systems of generating electronic signatures, their storage, protection against unauthorized use or forgery. Attention is also be given to questions related to the reimbursing liability of the entities rendering certification services. More over it includes the provisions imposing on the competent minister of economy a lot of duties, connected with  the Act. In accordance with the law he can entrust some of them to the National Bank of Poland or an entity, named in the request, having the relationship of dependence with the National Bank of Poland. In November 2002 the Ministry of Economy authorized Centrast S.A., the special company, created by the National  Bank of Poland and several  Polish banks to carry out some of tasks on behalf of his. This company is entitled to make and issue provider’s certificates used for verifying electronic authentications of such authority, and publish this list and data used for verification of issued provider’s certificates. More over Centrast will maintain the register of qualified certification authorities.

The Ministry of Economic Affairs and Labour plays the crucial role in the system of certification of the electronic signature  He is the ‘central root’ in the Public Key Infrastructure and  have to ensure the supervision of the activity of entities providing certification services. This system has been already operated. At present in the Ministry of Economy  are carried out the administrative procedures connected with the applications  four entities which are interested to obtain  a registration  in the ‘register of qualified entities providing certification services. 

Irrespective of all the above mentioned the law on electronic signature imposes the duty for all public authorities as well as central and regional level, during the four years, to establish a legal framework and take adequate technical and organizational steps which enable  citizens to arrange the administrative procedures by electronic means. 
 
One of the most important tasks for Poland during its transformation to market economy is to join the process of building the information age by employing modern information and communication technologies, creating conditions for direct access to information, raising the society’s awareness and developing its intellectual and economic potential. The Ministry of Economic Affairs and Labour in co-operation with the Institute of Logistics and Warehousing has prepared project of electronic platform eHandel /e-Commerce/ which is a part of mentioned earlier comprehensive programme “Making the mechanism and structures for the development of e-commerce in Poland” adopted by the Council of Ministers 22 of July 2003.

Polish Institute of Logistics and Warehousing is responsible for the realisation of many tasks in this plan. The Institute is state-owned, governmental institution working in the close collaboration with the Ministry of Economy. Among the key objectives of this plan are development of the public monitoring system regarding e-activities and help SME's in meeting better the requirements of a modern economy, with growing e-business sector. Activities, which are there included,  have been designed as complementary actions to those already undertaken and underway in the field of transposition of the acquis, including telecommunication legislation, electronic signatures, e-commerce and electronic payments.

It is very important for the Polish Government to proceed with a thorough examination of the present situation (base-line analysis), to introduce on-going monitoring of changes in the sector, as well as in formulating and discussing the requirements of a conducive economic, social, technological and legal environment for e-business. These actions should then be accompanied with the development and implementation of international (global) standards for e-business.

These policy level actions will be tied to the operational development and implementation of an e-business platform to be used in the interface between public administration and business.

The Information e-platform will include such components like:

• Business information originated in the public administration and in the wide public domain:
  • This e-platform will form the bases for a future e-based one stop shop for business start-ups and all businesses dealing with the public administration, bringing together in a user-friendly environment the full spectrum of information and registration/reporting requirements. It will be further augmented by access to sectoral, export inward investment, regional and other business oriented information sources.
    
    
• e-Catalogues of goods and companies:
  • The e-catalogue of goods and companies will present all data required and used in e-commerce transactions: address, VAT number, all logistics data, description of products, pictures etc. It is worth stressing that catalogues would be build according to EAN/UCC rules. Companies would be identified by their world wide unique Global Localization Number (GLN) and goods by EAN 13 number that are also unique. Such a solution would allow for the elimination of almost all communication problems within the supply chain, as well as within the B2C exchange process. To be able to conduct business and  transaction electronically such a direct linking of goods with their producers is necessary. Those two e-catalogues will work on the same basis and with similar functionality as those operating in the EU member countries.
    Central e-catalogues of goods and companies cannot be treated as merely an electronic version of the popular Yellow Pages. To be able to make electronic transactions the parties involved require specific information. This information has to be analysed and transformed as well as verified automatically. 
    
    
• Repository of e-documents:
  • The repository of e-documents will contain electronic versions of documents used in electronic trade e.g. invoices and orders; and other documents required by businesses for conducting e-operations vis a vis the public administration and other parties. Businesses will be able to connect to the repository, download an up-to-date document, fill it in and send it to the partner and/or public administration without printing.

DOWNLOAD FILES:
Act of 12 June 2003 on payment periods in commercial transactions
(download a file  .rtf)

Law of 6 september 2001 on prepackages
(download a file  .rtf)

The Act of 18 September, 2001 on Electronic Signature
(download a file .pdf)   

Act of 2 July 2004 on freedom of economic activity
(download a file  .rtf)