Abstract

The resolution by the National Appeals Chamber in a judgement dated 4 January 2019 (KIO 2611/18) is largely based on the literal wording of Article 10a paragraph 5 of the PPL, stipulating that the legislator declares invalid the act of drawing up a document that is a questionable construction, taking into account the regulations on the forms of legal transactions described in the Civil Code. Drawing up a document is technical by nature and it is only one phase of preparing a declaration in order to submit it. Therefore, according to opinions shared by the doctrine and practitioners, the effect of this act is significant, namely the creation of a declaration of intent in electronic form. A scan of a tender offer constitutes an electronic form, as it can be presented in digital form and, therefore, affixing it with a qualified electronic signature meets the requirements for an electronic form, as referred to in Article 781 of the CC. The fact that an additional original of the tender exists in hard copy does not affect the security of turnover, due to the assumed obligatory communication between the ordering party and contractors using electronic means of communication. The essence of an electronic document is that it may exist in any number of counterparts.