Decree No. 85 / 2019 Coll.
Decree amending the Decree implementing the Act on archiving and file service
Valid
Order
Effective from 01.07.2019
85
DECLARATION
of 19 March 2019
amending the Regulations implementing the Charter Act and the File Service
The Ministry of Interior provides pursuant to Section 86 of Act No. 499 / 2004 Coll., on archiving and file services and on the amendment of certain laws, as amended by Act No. 190 / 2009 Coll., Act No. 167 / 2012 Coll. and Act No. 56 / 2014 Coll., to implement Sections 19, 36, § 40 paragraph 7, § 69a paragraph 4 and § 70 paragraph 1:
Amendment of the Decree implementing certain provisions of the Act on archiving and file service and amending certain laws
Decree No. 645 / 2004 Coll., implementing certain provisions of the Act on Archiving and File Service and amending certain laws, as amended by Decree No. 192 / 2009 Coll. and Decree No. 213 / 2012 Coll., are amended as follows:
1. footnotes 1 and 2 shall read:
"1) Act No. 297 / 2016 Coll., on Trust Services for Electronic Transactions, as amended.
2) For example Act No. 89 / 2012 Coll., Civil Code, as amended, and Act No. 21 / 1992 Coll., on Banks, as amended. '
2. In Annex 3, Article 1 (4), the word "civil 'is replaced by the word" civil'.
3. In Annex 3, the word "(optional)" shall be inserted under the words "surname."
4. In Annex 3, in the model of the explorer's certificate, the first and second sentences are replaced by the sentences "I declare that I have become familiar with the research order of the archive. I declare that I am aware of my responsibility for handling the information I obtained from the archives in accordance with the relevant legislation. I note that, in breach of fundamental obligations, I may be denied any further inspection of the archives or revoked of the consent granted. '
5. In Annex 3, in the model of the explorer's declaration, the words "Act No. 101 / 2000 Coll., on the Protection of Personal Data and on the amendment of certain laws, as amended, 'are replaced by the words" legislation governing the processing of personal data'.
6. In Annex 3, in the model of the survey sheet, the words "Act No. 101 / 2000 Coll. 'shall be replaced by the words" legislation governing the processing of personal data' in the clause to be completed by the researcher.
Amendment of the Decree on details of the performance of the file service
Decree No. 259 / 2012 Coll., on the details of the performance of the file service, as amended by Decree No. 283 / 2014 Coll., is amended as follows:
1. Paragraph 4 (4) and (5), including footnotes 26 to 29, read:
"(4) The public authority shall establish whether the document delivered in digital form, including the data report in which it is contained, is signed by a recognised electronic signature (26), sealed by a recognised electronic seal (27), marked by a recognised electronic mark (28) or bearing a qualified electronic timestamp (29).
(5) The originator shall verify the validity of:
(a) the recognised electronic signature and the qualified electronic signature certificate on which the recognised electronic signature is based;
(b) recognised electronic seals and a qualified certificate for the electronic seal on which the recognised electronic seal is based;
(c) the recognised electronic brands and the qualified system certificate on which the recognised electronic label is based; and
(d) a qualified electronic time stamp.
26) Section 6 of Act No. 297 / 2016 Coll., on Trust Services for Electronic Transactions.
27) § 9 of Act No. 297 / 2016 Coll.
28) Article 19 (9) of Act No. 297 / 2016 Coll.
29) Article 3 (34) of Regulation (EU) No 910 / 2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999 / 93 / EC. ';
footnotes 20 to 23 are deleted.
2. In Article 4 (6), "paragraphs 4 and 5 'are replaced by" paragraph 4 and the result of the verification referred to in paragraph 5'.
3. Paragraph 4 (7) reads as follows:
"(7) The recorded data on the result of the findings referred to in paragraph 4 and the result of the verification referred to in paragraph 5 shall be at least:
(a) the name or business name of the qualified trust service provider or accredited certification service provider;
(b) an indication of the time for which the certificate was issued and, if known, the date and time of its invalidity;
(c) the certificate identification number,
(d) the name or names, if any, and the surname, name or business name signing, marking or sealing persons, or, where applicable, a pseudonym, if used,
(e) an indication of whether it is a qualified electronic signature or a guaranteed electronic signature based on a qualified electronic signature certificate or a qualified electronic seal or a guaranteed electronic seal based on a qualified electronic seal certificate;
(f) the date and time relevant for verifying the validity of the recognised electronic signature or the recognised electronic seal and the certificates on which they are based;
(g) the result, the date and time of the validation of the recognised electronic signature, the recognised electronic seal, the recognised electronic mark, the qualified electronic time stamp and the certificates on which they are based; and
(h) the number of the list of invalidated certificates against which the validity of the certificate has been verified or the manner in which the validity of the certificate has been verified, if the list of invalidated certificates has not been used to verify the validity of the certificate. ';
4. In Article 4 (8), the words "paragraphs 1, 4 and 5 'are replaced by the words" paragraph 1, second sentence, paragraph 4 and the result of the verification referred to in paragraph 5' and the words "provided for by this decree and by the public authority for receipt of documents' are replaced by the words" for further processing '.
5. In Article 5 (1), the words "its additional designation and registration 'are replaced by the words" in respect of this document further to be followed by this decree'.
6. In Paragraph 14, the words "or, if the nature of the matter so permits, in an automatic manner 'shall be added at the end of the text of paragraph 1.
7. In Article 16 (2), the words "or the date on which the document was dealt with automatically 'shall be added at the end of the text in point (c).
8. In Article 16 (3), the word "funds' is replaced by" elements'.
(9) Footnote 13:
"13) For example § 18 (2) of Act No. 300 / 2008 Coll. '.
10.Paragraph 17 (1) reads as follows:
"(1) The public authority shall designate the natural persons authorised to sign documents drawn up by it, the natural persons authorised to use the official stamp (17) and the technical means of creating electronic seals. The public authority shall lay down the conditions for signing the documents sent by it in an analogous form in the rules of procedure. ';
11. in Paragraph 17 (4):
"(4) The public authority shall keep a register of certificates issued by qualified trust service providers or accredited certification service providers on which its recognised electronic signatures, recognised electronic seals and recognised electronic marks are based, in which it shall record at least:
(a) the certificate identification number;
(b) the beginning and expiry of the certificate;
(c) the date, time and reason for invalidation of the certificate;
(d) the name or business name of the qualified trust service provider or accredited certification service provider and the State in which the qualified trust service provider or accredited certification service provider is established; and
(e) data identifying the signatory or the marking or sealing person. ';
12. In Article 23, the following paragraph 7 is inserted after paragraph 6:
"(7) The output data format for accounting records in electronic form, the content of which is an electronic invoice, shall be the data format Information System Document (ISDOC) version 5.2 and a higher or higher format which complies with the European standard for the semantic data model of the basic elements of the electronic invoice and syntax pursuant to Directive 2014 / 55 / EU of the European Parliament and of the Council of 16 April 2014 on electronic invoicing in public procurement. ';
Paragraphs 7 and 8 shall be renumbered paragraphs 8 and 9.
13. in Article 24 (1) (c):
"(c) information on the existence of a visible element which cannot be fully transferred to a digital document;"
14. in Article 24 (2) (b), the words "the hedging element" shall be replaced by the words "the visible element which cannot be fully transferred to the document in analogue form."
EFFECTIVE
This Regulation shall enter into force on 1 July 2019, with the exception of Article II (12), which shall take effect on 1 April 2019.
Minister:
Hamlet v. r.
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Regulation Information
| Citation | Decree No. 85 / 2019 Coll., amending the Decree implementing the Act on archiving and file service |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.03.2019 |
|---|---|
| Effective from | 01.07.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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