Transcript www.btk.gov.tr

Workshop 57074
Ankara, 16.3. – 17.3. 2015
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Introduction
Legal background in Slovenia
Usage areas
Accreditations and supervision
REM service providers in Slovenia
In present where the connectivity is giving the chance to expand
the possibilities of usual business to the business online, the
public administrations and commercial companies need to follow
this trend to avoid the lagging behind and to give the citizens
opportunity to do their business with commercial and
governmental bodies electronically.
In order to fully implement the e-commerce and e-government,
one of the crucial factors to be considered is TRUST.
To establish appropriate environment, it has to be ensured that any
entity using electronic services has suitable security control and
mechanisms in place to protect their transactions and to ensure
trust and conficdence with their partners.
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Electronic Commerce and Electronic Signature Act from 2004 (ZEPEP)
Electronic Commerce Market Act from 2009 (ZEPT)
The Regulation 910/2014 is directly transferable
Main fields and differences among the two acts:
ZEPEP: e-commerce with the usage of the information and
communications technologies and usage of e-signature in the legal
trasactions, including e-signature in judicial and administrative
processes.
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ZEPT: about registered office of the information society services
provider, commercial communications, electronic contracts, liability of
intermediaries, the infomation society services field code of conduct,
out of court dispute resolution, legal protection and cooperation
between memeber states.
The ZEPEP act covers the questions regarding the registered
electronic mail:
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Electronic mail (e-mail) is a set of data sent or received
electronically. That includes electronic data intercahnge and the
electronic mail.
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Sender is a person who sent the e-mail, or the email was sent on
behalf of and in accordance with the will of that person.
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Addressee of the email is the person to whom the email was
intended.
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Recipient of the email is the person who actually received the
email.
It can be confirmed that the email originates from the sender if:
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it is sent by the sender or
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it is sent by the person with the power of attorney from the sender or
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it is sent by the information system, administrated by the sender or
administrated by sender‘s ordinance to automatize the performance or
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if the addressee used the agreed procedure for the confirmation of the
emails source.
Each email is treated indivdually.
In case when the sender demands or agrees with the receiver for the
confirmation of the reception of the email, it is considered that the email is
delivered when the reception is confirmed.
However that only means that the email is delivered, but doesn‘t assure
that the content is the same as sent by the sender.
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Communication between the citizens and egovernment
Communication for legal entities in the
electronic commerce on the internal market
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Supervision is under authority of the Ministry for internal affairs
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Supervisor:
◦ Checks whether the internal rules of the certifiers comply with demands of
the act and secondary legislation,
◦ Checks whether the certifier‘s actions complies with demands of the act,
secondary legislation and his internal rules,
◦ Supervises the usage of processes and correspondent infrastructure in
case when the certifier issues certificates,
◦ supervises the legality of issuing, storage and revocation of certificates,
◦ Supervises the legality of service providing of others certifiers.
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Supervisor may supervise the documentation and acts; the
examination of the offices and technical equipment of the
certifier as well as decisions, processes and procedures.
Supervisor has to keep the confidentiality level of the personal
and in as confidential marked data.
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In case when there is a breach found, the
supervisor acts with a decision:
◦ Prohibits the operations of the certifier (in whole or
partially);
◦ Demands the annullation of the certificates of there is a
possibility of infingement.
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The decision can be appealed with the
Governement, but it does not delay its execution.
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That does not influence on the previously issued
certificates.
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The public register of the certifiers is under authority of
the Ministry for public administration.
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Those certifiers who comply with demands of the act, can
be entered in the register.
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Foreign certifiers, who provide the certificates on the
territory of the republic of Slovenia, must be entered into
the register.
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The register is safely electronically signed by the Ministry.
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The data from the register are published on the Ministry‘s
webpage together with the register itself.
There are three main public service providers in Slovenia,
who provides all the services: qualified electronic signatures,
electronic seals, advanced electronic seals and REM services:
◦ POŠTArCA; established from the Pošta Slovenije (incumbent post
operator);
◦ HALCOM; private entity;
◦ SIGENCA; established by the Ministry for public administration;
The secure network of the public administration is called
HKOM (SIGOVCA) and it is closed for public usage, but
provide at least all the safety and trust features as
demanded for commercial certifiers.