Government Decree No. 495 / 2004 Coll.
Decree of the Government implementing Act No. 227 / 2000 Coll., on Electronic Signature and Amendment of Certain Other Acts (Act on Electronic Signature), as amended
Valid
Regulation
Effective from 01.01.2005
Text versions:
01.01.2005
22.09.2004
495
GOVERNMENT REGULATION
of 25 August 2004
implementing Act No. 227 / 2000 Coll., on electronic signature and amending certain other laws (Act on electronic signature), as amended
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), as amended by Act No. 226 / 2002 Coll., Act No. 517 / 2002 Coll. and Act No. 440 / 2004 Coll., ("the Act '):
(1) Where specific legislation (1) implies an obligation for public authorities to receive and send data messages with guaranteed electronic signatures based on qualified certificates issued by accredited certification service providers (hereinafter referred to as "recognised electronic signature"), the public authorities shall take the following organisational technical measures to ensure the procedures for receiving and sending data messages by means of an electronic mail office:
(a) operate one or more electronic mailboxes; This shall also be deemed to be fulfilled if the public authority agrees with another public authority that it will receive and send data messages via the electronic mail office operated by it,
(b) equip the electronic mailroom, where it is operated, with technical and programme equipment which serves to ensure the procedures of the public authority in the reception and dispatch of data messages by means of an electronic mailroom pursuant to a special legislative provision (2) (hereinafter referred to as "electronic mailroom activities"); and
(c) equip staff who are entitled to legal acts in the field of public authorities with qualified certificates issued by accredited certification service providers or, where appropriate, acquire qualified system certificates issued by accredited certification service providers to ensure certain procedures under special legislation2).
(2) The qualified certificate referred to in paragraph 1 (c) includes the designation of the public authority, its competent organisational body and the classification of the staff member. The qualified system certificate referred to in paragraph 1 (c) shall include the designation of a public authority.
(1) The public authority shall adopt and apply a summary of the organisational, technical and personnel rules for ensuring the operation of the electronic mailroom in accordance with the law and special legislation2) and shall keep the staff responsible for carrying out the activities of the electronic mailroom informed. These rules include procedures for security management and emergency management.
(2) The public authority shall:
(a) the security of the electronic data storage centre's information systems and the protection of data processed by electronic data accessible against loss, alteration and unauthorised access under specific legislation3),
(b) the deployment and operation of the technical and programme means of the electronic mail office in accordance with the instructions of its manufacturer or supplier, in particular in accordance with the administrator's and user's manuals;
(c) an ongoing revision of the rules referred to in paragraph 1 in terms of their application in practice and compliance with the law and regular checking of the conformity of the electronic mail service's activities with those rules; and
(d) the prompt processing of the received data reports in accordance with the procedures laid down by the specific legislaturem2).
(1) The public authority shall publish on its official record, if it is to be established, and in a way that allows remote access, the information needed to deliver the data reports to the public authority. These information shall at least:
(a) the electronic address of the electronic mail office and an indication of whether it is intended for receiving all data messages or only data messages of a specified, pre-determined content;
(b) contact details for receiving data messages on technical media;
(c) any other means of delivering data reports, in particular through technical equipment at the headquarters of the public authority or its organisational units;
(d) the rules on the confirmation of the receipt of data messages pursuant to a special legislative provision (2), including the model of the data message to be certified;
(e) the technical parameters of the data messages for which the technical and software service has been accepted and the technical parameters of the technical media on which data messages may be transmitted to the public authority;
(f) the procedure of the public authority where the received data report identifies the existence of a computer programme capable of causing damage to the information system or to information processed by the public authority, or the erroneous format of the report which may cause such damage;
(g) the way in which questions concerning the operation of the electronic mail office are handled;
(h) an up-to-date list of staff referred to in Article 1 (1) (c), specifying the surname, surname and, where appropriate, the names and classification of such staff; and
(i) a list of legislations1) according to which acts in electronic form and the formalities for such acts may be carried out against a public authority, in particular the particulars relating to the use of a recognised electronic signature.
(2) Where a public authority receives data messages through two or more electronic mailboxes, it shall publish the data referred to in paragraph 1 for each single electronic mailroom.
(1) Within 30 days of the date of entry into force of this Regulation, the public authority shall notify the electronic address of the electronic office of the Ministry of Informatics of the electronic address of the electronic office or of the postal office referred to in Article 1 (1) (a).
(2) The public authority shall immediately notify the e-mail office of the Ministry of Informatics of any change in the address of the e-mail office or post office referred to in Article 1 (1) (a).
(3) The notification referred to in paragraphs 1 and 2 shall be signed by a recognised electronic signature of the authorised staff member or by an electronic sign of the public authority in accordance with the law.
(4) The Ministry of Informatics in the framework of the Information System under the Specific Act (4) publishes the register of e-addresses referred to in paragraph 1 via the Public Administration Portal.
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), is hereby repealed.
This Regulation shall enter into force on 1 January 2005.
Prime Minister:
JUDr. Gross v. r.
Minister of Information:
Miller
1) For example Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended by Act No. 226 / 2002 Coll., Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Order), as amended by Act No. 226 / 2002 Coll., Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended by Act No. 226 / 2002 Coll.
2) Decree No. 496 / 2004 Coll., on electronic mailrooms.
3) Act No. 365 / 2000 Coll., on Information Systems of Public Administration, as amended by Act No. 517 / 2002 Coll. Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws, as amended by Act No. 227 / 2000 Coll., Act No. 177 / 2001 Coll., Act No. 450 / 2001 Coll., Act No. 107 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 310 / 2002 Coll. and Act No. 517 / 2002 Coll.
4) Paragraph 4 (1) (g) of Act No. 365 / 2000 Coll., on Information Systems of Public Administration, as amended.
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Regulation Information
| Citation | Government Decree No. 495 / 2004 Coll., implementing Act No. 227 / 2000 Coll., on Electronic Signature and on the Amendment of Certain Other Acts (Electronic Signature Act), as amended |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.09.2004 |
|---|---|
| Effective from | 01.01.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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