Decree No. 304 / 2001 Coll.
Government Decree implementing Act No. 227 / 2000 Coll., on Electronic Signature and on the Amendment of Certain Other Acts (Electronic Signature Act)
Valid
Regulation
Effective from 01.10.2001
Text versions:
01.10.2001
30.08.2001
304
GOVERNMENT REGULATION
of 25 July 2001
implementing Act No. 227 / 2000 Coll., on electronic signature and amending certain other laws (Act on electronic signature)
The Government orders the implementation of Act No. 227 / 2000 Coll., on Electronic Signature and on the amendment of certain other laws (Act on Electronic Signature):
(1) Where special legislation1) requires public authorities to accept submissions made in electronic form, signed electronically, or where specific legislation provides for public authorities to act in electronic form, signed electronically, public authorities, including local authorities carrying out the exercise of administrative powers delegated, shall take the following technical measures to ensure the procedure under specific legislation:
(a) establish, according to the nature and scope of its activities, one or more reception and sending centres for data messages (hereinafter referred to as "e-mail office") equipped with the necessary facilities connected to the public data network and, where appropriate, other data networks meeting the requirements for technical and software equipment in accordance with standards issued by the Public Information Systems Office and allowing the use of a guaranteed electronic signature based on a qualified certificate issued by an accredited certification service provider;
(b) entrust staff, in accordance with their rules of organisation or other internal organisational measures, with the creation and verification of guaranteed electronic signatures and equip them with the necessary means and a qualified certificate issued by an accredited certification service provider under a contract between a public authority and an accredited certification service provider;
(c) organise work in the electronic mail room in such a way as to ensure receipt and sending of data messages and an immediate check, in particular whether the electronic submission received is legible, whether it is signed by the person on the qualified certificate and whether the certificate is valid; when connected without continuous access to the public data network, ensure that such connection occurs repeatedly during working time, while at the same time establishing whether electronic mail has not arrived and at the same time sending electronic mail ready for dispatch, at least at the beginning and before the end of the working time,
(d) ensure receipt of the submission in the electronic mail room even if it is directly transmitted to the technical data medium;
(e) publish the electronic addresses of their electronic handlers and the list of qualified certificates of the relevant staff or the electronic addresses on which the qualified certificates are located and the formats of the data messages which they are capable of receiving on their official record and, where appropriate, by any other appropriate means, and in a way that allows remote access.
(2) The qualified certificate referred to in paragraph 1 (b) shall include, in addition to the formalities laid down in Section 12 (1) of the Electronic Signature Act, the designation (s) of the public authority, its organisational department and the function of the staff member.
(3) Where the public authority, when carrying out the checks referred to in paragraph 1 (a) (ii), has taken place, it shall: (c) it finds that the submission received in electronic form or part thereof is illegible, the data report does not contain a valid qualified certificate or that the data report does not contain the address of the publicly available list of qualified certificates and the unique identification number of the qualified certificate, it shall proceed in accordance with the relevant provisions of the specific legislation governing the removal of procedural defects.
This Regulation shall enter into force on 1 October 2001.
Prime Minister:
Ing. Zeman v. r.
Minister:
Ing. Březina v. r.
1) Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended. Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations), as amended. Act No. 99 / 1963 Coll., Civil Code, as amended. Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended.
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Regulation Information
| Citation | Government Decree No. 304 / 2001 Coll., implementing Act No. 227 / 2000 Coll., on Electronic Signature and on the Amendment of Certain Other Acts (Electronic Signature Act) |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.08.2001 |
|---|---|
| Effective from | 01.10.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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