Nowy Regulamin korzystania z ESPI

On 25 October 2023, the KNF published Decree 58/2023 of 20 October 2023 regarding the „Regulations for the use of the Electronic Transmission System Information (ESPI)”. The regulation provides general provisions for the use of ESPI, including definitions of terms and the roles of different ESPI participants.
ESPI serves to streamline financial reporting by enabling electronic transmission of information between financial entities and regulatory authorities, enhancing efficiency, accuracy, and regulatory oversight within the financial sector.
In the context of the Whistleblower Directive and the Crowdfunding Regulation, Regulation 103/2019 of the Polish Financial Supervision Authority dated 26 March 2019, is governed by the Polish legal framework and regulates the financial regulatory system at a national level in Poland
The new Decree 58/2023 of 20 October 2023 modifies Resolution 103/2019 concerning the following points: firstly, the catalog of System Operators now includes individuals authorized to represent supervised entities, not just authorized employees. Additionally, providers of crowdfunding services, new entities under KNF supervision, are now obligated to use ESPI.
Moreover, the obligation to confirm the sending of a report and sign it, as well as archiving this confirmation by the supervised entity, has been eliminated. The requirement to archive the paper version of a report submitted on the ESPI form has also been removed. Furthermore, the update allows for attaching electronic documents in .CSV format to ESPI reports, prepared based on a template file and in a compressed format.
Other changes focus on improving ESPI access, including updating data for supervised entities and system operators. These modifications also support the proper submission of ESPI reports to the appropriate ESPI offices, involving the reorganization of user definitions and categories, modification of ESPI office names, and the introduction of new requirements for entities entering the system or changing listing markets.
The application process for system operators acting on behalf of new entities or those intending to change listing markets now requires the submission of documents confirming the application for admission or introduction of securities. The updated Access Request Form enables supervised entities to efficiently manage ESPI access, including reporting needs and role changes resulting from a listing market change.
Additionally, the new regulation addresses data processing related to ESPI reporting and introduces requirements for agencies to confirm ESPI malfunctions before sharing information. Emergency reporting can now occur electronically, optimizing and streamlining the reporting process.
Finally, Resolution 88/2019 of the Chairman of the Financial Supervision Authority of 27 August 2019 on the „Regulations for the use of the Electronic System for the Transmission of Information (ESPI)“ has been repealed.