Polish Act on the prevention of the effects of identity theft

Time order

13.12.2022 – promulgation of the draft Act
7.07.2023 – adoption of the Act by the Parliament
21.07.2023 – publication of the Act in the Journal of Laws
1.06.2024 – entry into force of obligations to verify the restriction of a consumer’s PESEL number for lending institutions, payment service providers and banks

Register of PESEL numbers restrictions

• The Minister of Digital Affairs has been obliged under the Act to maintain a register of restrictions on PESEL numbers.
• The register collects information on the PESEL number, its restriction, the moment of restriction, the moment of withdrawal of the restriction and the authority making the restriction or withdrawal.
• An adult may, free of charge, restrict PESEL number as well as withdraw the restriction using the electronic service provided by the Minister of Digital Affairs (e.g. mObywatel) or upon application submitted in person to an authority of any municipality in a written form, documented in paper form and signed in person.
• The data from the register are made available free of charge to entities, which are obliged to verify the PESEL number among others to banks, notaries, providers of publicly available telecommunications services and providers of payment services.

Verification of PESEL number when concluding or amending an agreement

• Before concluding savings account, payment account, loan, leasing, consumer credit (with exceptions) and a payment instrument, payment account and overdraft agreement, banks, lending institutions and payment service providers, respectively, are required to verify in a register whether the consumer’s PESEL number is restricted.
• The requirement to verify the restriction of the consumer’s PESEL number also applies to changes to agreements (inter alia, loan agreements and overdraft agreements) leading to an increase in debt. Verification should take place each time before the agreement is amended.

Procedures in the event of system unavailability

• In case of unavailability of the information and communication system in which the register of restrictions of PESEL numbers is kept, after a second unsuccessful attempt at verification, the provider may refuse to conclude or modify the agreement until the availability of the system is restored.
• If the system is unavailable, the provider may also conclude or modify the agreement with due diligence in verifying the consumer’s identity and document that this verification has been carried out.

Sanction in the event of failure to verify the restriction of the PESEL number

• If the agreement was concluded at a time when the consumer’s PESEL number was restricted, the bank, the lending institution and the payment service provider may not pursue claims arising from that agreement against the consumer or his or her successors nor dispose of the claims arising therefrom.
• The sanction of the prevention of enforcement or disposal of claims does not apply if the agreement was concluded during the unavailability of the information and communication system, in which the register of restrictions of PESEL numbers is maintained, other than a scheduled technical interruption, lasting longer than 15 minutes.

What we deliver

• Auditing and advising on processes requiring verification of restrictions of PESEL numbers.
• Audit and modification of agreements and T&C.
• Assisting in obtaining access to the test environment.
• Complex assistance in the procedure for obtaining the consent of the Minister of Digital Affairs for accessing data from the PESEL restriction register.

DLK information

If you want to stay abreast of regulatory affairs, register and receive information about important regulatory and industry events, and DLK Legal activities: Register for notifications.