Decree of the State Arbitration of the Czechoslovak Socialist Republic No. 17 / 1979 Coll.
Decree of the State Arbitration of the Czechoslovak Socialist Republic on Legal Acts by Transmission of Data
Valid
Effective from 01.04.1979
17
DECLARATION
State Arbitration of the Czechoslovak Socialist Republic
of 31 January 1979
on legal acts by data transmission
The State Arbitration of the Czechoslovak Socialist Republic provides, pursuant to § 395 (a) of the Economic Code No. 109 / 1964 Coll., as published under No 37 / 1971 Coll. (hereinafter referred to as the Act):
Preliminary provisions
The requirement of the written form shall be fulfilled even if the legal act is carried out under the conditions set out below by remote transmission of the data, or by transmitting the media directly applicable to further processing or by other means enabling the use of computing (hereinafter referred to as "data transmission ').
Organisation Agreement
(1) Organisations may only take legal action by data transmission on the basis of a written agreement concluded in advance.
(2) Organisations are required to negotiate in an agreement
(a) the legal acts to which they apply;
(b) the method of transmission of the data by which the legal acts will be carried out (§ 1);
(c) the way in which the identity and completeness of the legal act sent and adopted and the deficiencies detected are checked by the co-operation of the receiving and sending organisations.
(3) The organisation shall include in particular:
(a) the organisation of the formalities for legal acts;
(b) the method of signature or the codes of the personnel acting on behalf of the organisation (Section 4) and the notification of changes thereto;
(c) the adaptation of technical conditions and arrangements for the organisation and timing of the transmission of data;
(d) the procedure to be followed in the event of a technical defect for which the agreed means of transmission cannot be used;
(e) the means of protecting data against impairment and misuse;
(f) the means of securing classified information before disclosure and misuse where necessary in view of the content of legal acts;
(g) the way in which the content of legal acts will be demonstrated;
(h) the conditions for the possibility of derogating from the Agreement;
(i) the terms of the termination of the agreement (1)
(4
Implementation of legal acts by data transmission
Organisations in whose relations legal acts are carried out by data transmission shall:
(a) to accurately register the legal acts sent and received, including the date and time of dispatch or reception;
(b) for the period laid down for archiving, keep the documents on which the text of the legal act sent or other evidence of the text of the legal act sent or adopted (§ 2 (3) (e)).
For legal acts carried out by data transmission, the signature of the organisation may be replaced by an agreed code.
(1) Unless otherwise specified, the legal act taken by the transmission of data shall be valid as shown by the receiving organisation.
(2) An organisation which reaches an incomprehensible or compartmentalised text of the legal act carried out by the transmission of data shall immediately notify the sending organisation thereof.
(3) If the sending organisation immediately removes the defects referred to in paragraph 2, the legal action shall be without such defects. This shall apply mutatis mutandis if the sending organisation immediately removes the error detected in the identity check and completeness of the text of the legal act sent and adopted [Paragraph 2 (2) (c)].
An organisation which infringes obligations agreed in an agreement pursuant to Article 2 or provided for in Articles 3 and 5 (2) may not waive liability for damage caused by it.
The mutual consent when checking the identity and completeness of the text of the legal act sent and adopted [Paragraph 2 (2) (c)] confirms receipt of the delivery order (2) made under this decree.
Final provisions
This decree does not apply to payment and settlement on organisations' accounts.3)
This Decree shall take effect on 1 April 1979.
Main Arbiter of the Czechoslovak Socialist Republic:
Brandeys v. r.
1) Article 129a of the Law.
2) Paragraph 216 (4) of the Act.
3) Decree No. 10 / 1978 Coll., on payment and settlement on the accounts of organisations.
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Regulation Information
| Citation | Decree of the State Arbitration of the Czechoslovak Socialist Republic No. 17 / 1979 Coll., on legal acts by data transmission |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.03.1979 |
|---|---|
| Effective from | 01.04.1979 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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