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ACT 227 OF JUNE 29, 2000
ELECTRONIC SIGNATURE AND AMENDEMENTS
TO CERTAIN OTHER LEGISLATION REPÚBLICA CHECA
Part one
- Electronic Signature
Part two
- Amendments to the Civil Code
Part three
- Amendments to Act No. 337/1992 Coll.
Part four
- Amendments to the Administration code
Part five
- Amendments to the Rules Of Court
Part six
- Amendments to the Penal Code
Part seven
- Amendments to the Personal Data Protection Act
Part eight
- Amendments to the Act on Administrative Fees
Part nine
- Effectiveness
The Parliament of the
Czech Republic has passed the following legislation:
PART ONE
ELECTRONIC SIGNATURE
Article 1.-
The Purpose of the Act
The legislation regulates the application
of electronic signature, the rendition of related services,
the enforcement of obligations set forth by the Act, and the
penalization of violations of the obligations stipulated by
the Act.
Article 2.-
Definition of Certain Terms
For the purposes of the Act, it applies that:
a) an electronic signature is information
in electronic form, attached to a data statement or logically
related thereto, which enables its recipient to verify the
identity of the undersigned;
b) a guaranueed electronic signature is a
signature which satisfies the following requirements:
1) it is clearly linked to the undersigned;
2) it provides for the identification of
the undersigned in respect of the data statement;
3) it is created and attached to the data
statement with the aid of means which are solely controlled
by the undersigned;
4) is attached to the respective data statement
in a manner which enables its recipients to detect any and
all subsequent data alteration;
c) a data statement means electronic data
which can be transferred by electronic communication means
and stored in data carriers used for electronic data processing
and transmission;
d) the undersigned is a physical person who
has the means to create an electronic signature and who acts
on its own behalf or on behalf of another physical or legal
entity;
e) a provider of certification services is
an entity that issues certificates and keeps record thereof,
and may provide other services related to electronic signatures;
f) an accredited provider of certified services
is a provider of certification services on the basis of accreditation
granted in accordance with this Act;
g) a certificate is a data statement issued
by the provider of certification services, which links identity
verification data with the undersigned as part of the identity
verification process;
h) a qualified certificate is a certificate
comprising all the particulars stipulated by the Act; it is
issued by the provider of certification services which must
satisfy all the conditions stipulated by the Act applicable
to providers of certification services authorized to issue
qualified certificates;
i) data used for the creation of electronic
signatures are specific data which the undersigned uses for
creating electronic signatures;
j) data used for the verification of electronic
signatures are specific data used for verifying electronic
signatures;
k) means for the creation of electronic signatures
are technical devices or software programs which the undersigned
uses for creating electronic signatures;
l) means for the verification of electronic
signatures are technical devices or software programs used
for verifying electronic signatures;
m) means for secure creation of electronic
signatures are means used for creating electronic signatures,
which meet the requirements stipulated by the Act;
n) means for secure verification of electronic
signatures are means used for verifying electronic signatures,
which meet the requirements stipulated by the Act;
o) electronic signature instruments are technical
devices or software programs, or parts thereof, used in the
rendition of certification services or for the creation or
verification of electronic signatures;
p) an accreditation certificate means that
the provider of certification services meets the requirements
stipulated by the Act, applicable to providers of certification
services.
Article 3.-
Compliance with Signature Requirements
(1) A data statement is signed, if provided
with an electronic signature.
(2) The application of a guaranteed electronic
signature, based on a qualified certificate and secured signature
creation, enables the recipient to verify whether a data statement
has been signed by the person specified in the qualified certificate.
Article 4.-
Compliance with the Original
A guaranteed electronic signature means that
any adulteration of the contents of an undersigned data statement
can be traced from the point of signature.
Article 5.-
Obligations of the Signatory
(1) The signatory is obliged to:
a) handle the means, as well as the data
used for the creation of a guaranteed electronic signature
with a duly care to prevent their abuse;
b) notify the provider of certified services
and issuer of its qualified certificate, without undue delay,
if danger of abuse occurs in respect of the data that the
signatory uses for the creation of a guaranteed electronic
signature;
c) to provide the provider of certification
services with accurate, true, and complete information on
matters pertaining to the qualified certificate.
(2) The signatory shall be held liable for
any violation of the obligations specified in Paragraph 1
herein above to the extent of special legislation.1) However,
if the signatory proves that the damaged party failed to perform
all the procedures necessary to verify the validity of the
guaranteed electronic signature, his liability shall be waived,
provided that his qualified certificate has not been invalidated.
Article 6.-
Obligations of the Provider of Certification Services and
Issuer of Qualified Certificates
(1) Providers of certification services and
issuers of qualified certificates are obliged:
a) to ensure that all the certificates they
issue as qualified certificates have all the particulars required
under the Act for qualified certificates;
b) to ensure that all data specified in qualified
certificates are accurate, true, and complete;
c) to verify the identity of the recipients
of qualified certificates prior to issue, using relevant means
of identification, including special identification symbols,
if it is deemed necessary for the purposes of the given qualified
certificate;
d) to establish, at the time of issue of
the qualified certificate, whether the signatory’s data
for creating electronic signatures corresponded with the data
for verifying electronic signatures, contained in the qualified
certificate;
e) to ensure that everyone would be able
to verify the identity of the provider of certification services
and its qualified certificate;
f) to compile and operate a well-secured
list of qualified certificates, accessible to the public even
on a long-distance basis, and to update it on a current basis;
g) to operate a well-secured and publicly
accessible list of invalidated qualified certificates, even
on a long-distance basis;
h) to ensure that the date and time of issue
and/or invalidation of qualified certificates – including
the hour, minute, and second – can be exactly determined
and this information be accessible to third parties;
i) to hire or contract professional persons
with specialized knowledge, experience, and qualifications
to provide certification services, and to ensure that such
persons be well acquainted with relevant security procedures;
j) to use security systems and electronic
signature instruments, as well as adequate security procedures
to support these systems and instruments; an electronic signature
instrument is considered secure if it satisfies all the requirements
stipulated by the Act and the relevant rules of procedure;
this must be verified by the Office for Personal Data Protection
(hereinafter ”The Office”);
k) to adopt adequate measures against the
possibility of abuse or forgery of qualified certificates
and for the protection of the data used in the creation of
guaranteed electronic signatures, if the provider’s
services include the creation thereof;
l) to dispose of sufficient financial resources,
in accordance with the requirements stipulated by the Act
and with consideration to liability risks;
m) to keep all information and documentation
on each qualified certificate issued, for at least 10 years
following the expiry of the qualified certificate’s
validity; both the information and documentation may be stored
in electronic form;
n) to inform applicants for a qualified certificate,
prior to entering contractual relations with them, of the
exact conditions applicable to the use of qualified certificates,
including limitations thereof; and to inform them whether
or not they have been accredited by The Office under the provisions
of Section 10 hereof; and to disclose a substantial portion
of this information to third parties relying on the given
qualified certificate;
o) to use a secure system for the storage
of qualified certificates so that entries and amendments thereto
could be made by authorized persons only, the accuracy of
entries could be verified, and any and all technical or program
alterations violating these security requirements could be
easily detected.
(2) The provider of certification services
and issuer of qualified certificate issues qualified certificates
to signatories on a contractual basis. The contract must be
executed in writing to be valid.
(3) The provider of certification services
and issuer of qualified certificates must not store or copy
data used for the creation of guaranteed electronic signatures
of persons who contract services from the provider of certification
services.
(4) In the event that The Office withdraws
accreditation from a provider of certification services and
issuer of qualified certificates, the provider is obliged
to notify of this circumstance all the persons who contract
services from this provider and disclose this circumstance
in the list specified in Paragraph 1(f,g) herein above.
(5) Providers of certification services that
are not accredited by The Office and intend to issue qualified
certificates are obliged to report their intention to The
Office no later than 30 days prior to issuing the first qualified
certificate.
(6) In the event that a provider of certification
services and issuer of qualified certificates specifies limitations
on the use of the certificate, including limitation on the
amount of transaction for which the qualified certificate
can be applied, the limitations must be apparent to third
parties.
(7) The provider of certification services
and issuer of qualified certificates must terminate the validity
of a qualified certificate, if the signatory so demands or
if it is established that the certificate was issued on basis
of false or inaccurate information.
(8) Furthermore, the provider of certification
services and issuer of qualified certificates must terminate
the validity of a qualified certificate, if it establishes
that the signatory has died or been declared legally incompetent,
fully or partly,2) or if the data used for the issue of the
certificate become invalid.
(9) Providers of certification services and
issuers of qualified certificates must keep documentation
of its operations, which must contain:
a) contracts with signatories on the issue
of qualified certificates;
b) the qualified certificates issued to date;
c) copies of personal data submitted by signatories;
d) confirmation of acceptance of a qualified
certificate from each signatory;
e) exact time of the qualified certificate’s
validity.
(10) The employees of a provider of certification
services and issuer of qualified certificates, or other physical
persons who come into contact with personal information and
data used for the creation of electronic signatures by signatories,
are obliged to observe the rule of confidentiality in respect
of the personal information, data, and security measures used
for and involved in the creation of electronic signatures,
as their disclosure would jeopardize the security of the information
and data used for the creation of electronic signatures. This
obligation prevails even after ending the employment or the
given work assignment.
Article 7.
Professional Liability
(1) Providers of certification services and
issuers of qualified certificates are liable for violations
of their obligations stipulated by the Act, to the extent
of special legislation.1)
(2) Providers of certification services and
issuers of qualified certificates are not liable for losses
caused by failure to comply with limitations on its use.
Article 8.-
Personal Data Protection
Protection of personal data is subject to
special legal provisions. 3)
Article 9.-
Accreditation and Supervision
(1) The Office is the sole authority empowered
to issue accreditation to providers, thus authorizing them
to render certification services, and to enforce adherence
to the provisions of the Act.
(2) The Office:
a) grants and withdraws accreditation to/from
providers of accredited certification services in the territory
of the Czech Republic;
b) supervises the activities of accredited
providers of certification services and issuers of qualified
certificates, imposes remedial measures on them, as well as
penalties for non-compliance with obligations stipulated by
the Act;
c) keeps record of accreditation’s
issued to date and amendments thereto, and of those providers
of certification services that have notified The Office that
they issue qualified certificates;
d) publishes a list of accreditation’s
issued to date, regularly, and a list of accredited providers
of certification services and issuers of qualified certificates;
these announcements must be accessible on a long-distance
basis;
e) fulfils other obligations stipulated by
the Act and the relevant rules of procedure;
f) fulfils other obligations stipulated by
the Act (e.g., Sec. 10(7), Sec. 13(2) and Sec. 16(2).
(3) For the purposes of supervision, accredited
providers of certification services and issuers of qualified
certificates are obliged to allow, to the extent necessary,
authorized employees of The Office to enter their commercial
premises and operations, examine - upon request - any and
all documentation, records, documents, correspondence, and
other papers related to their activities, facilitate access,
to the extent necessary, to their information systems, and
provide them with all the information and co-operation necessary.
(4) Unless otherwise stipulated in the Act,
The Office shall perform supervision in accordance with special
legislation. 4)
Article 10.-
Conditions of Granting Accreditation to Providers of Certification
Services
(1) Every provider of certification services
may file an application with The Office for a permit to become
an accredited provider of certification services. Filing an
application for accreditation is subject to an administrative
fee.5)
(2) An application for accreditation must
have the following particulars:
a) the registered title, address, and identification
number of the applicant;
b) the applicant’s trade license and,
for entities registered in the Commercial Register, also a
transcript from the Commercial Register, not older than 3
months;
c) a transcript from the Crime Register,
if a physical person or statutory proxy of a legal entity,
in the event that the applicant is a legal entity, not older
than 3 months;
d) material, personal, and organizational
prerequisites applicable to providers of certification services
and issuers of qualified certificates, in accordance with
Sec. 6 of the Act;
e) information as to whether the applicant
issues or intends to issue qualified certificates;
f) a proof of payment of the administrative
fee.
(3) In the event that the application does
not contain all the required particulars, The Office shall
interrupt the proceedings and ask the applicant to complement
the missing part(s) within a certain time limit. If the applicant
fails to comply, The Office shall arrest the proceedings.
The administrative fee shall not be refunded.
(4) If the applicant meets all the accreditation
conditions required by the Act, The Office shall pass a decision
to grant the accreditation. In the opposite event, the application
for accreditation shall be rejected.
(5) Accredited providers of certification
services must be registered in the territory of the Czech
Republic.
(6) Apart from activities specified in the
Act, accredited providers of certification services may act
as attorneys, notaries, and court-certified experts;6) all
other activities are subject to a prior consent from The Office.
(7) Verification of the qualified certificate
of applicant and provider of certification services, by The
Office, forms an integral part of The Office’s decision
to grant an accreditation.
Article 11.-
Public administration authorities shall accept
only guaranteed electronic signatures and qualified certificates
issued by accredited providers of certification services.
Article 12.-
Qualified Certificate Particulars
(1) A qualified certificate must contain:
a) a note stating that it has been issued
as a qualified certificate in accordance with the Act;
b) the registered title and address of the
provider of certification services, and information stating
that the certificate has been issued in the Czech Republic;
c) the first name and surname of the signatory
or his pseudonym, with a note stating that it is a pseudonym;
d) special symbols of the signatory, if so
required for the purposes of a qualified certificate;
e) data for verification of the signature;
these data must correspond with the data used for the creation
of electronic signatures which are specific to the undersigned;
f) a guaranteed electronic signature of the
provider of certification services and issuer of qualified
certificates;
g) number of the qualified certificate which
is unique for the specific provider of certification services;
h) the commencement and expiry of the effective
period of the qualified certificate;
i) information specifying that the use of
the qualified certificate is subject to limitations in respect
of the type or extent of use, if applicable;
j) information specifying that the qualified
certificate is subject to a limitation on the amount of transaction,
if applicable.
(2) Qualified certificate may contain other
personal data only with the consent of the signatory.
Article 13.-
Obligations of Accredited Providers of Certification Services
after Termination of Activities
(1) Accredited providers of certification
services must notify The Office of their intent to terminate
their activities at least 3 months in advance and make every
effort to transfer the valid qualified certificates to another
accredited provider of certification services. Furthermore,
accredited providers of certification services must notify
the signatories, which contract their services, of their intent
to terminate their activities at least 2 months in advance.
(2) Accredited providers of certification
services that are unable to find another accredited provider
of certification services as their successor must notify The
Office of this circumstance in a timely manner. Upon receiving
such notification, The Office takes over the list of accredited
qualified certificates issued to date and notifies the respective
signatories accordingly.
(3) The provisions of Paragraphs 1 and 2
herein above shall apply as deemed appropriate also in the
event that the given accredited provider of certification
services is dissolved, dies, or ceases to conduct its activities,
without meeting its reporting obligation in accordance with
Paragraph 1 herein above.
Article 14.-
Remedial Measures
(1) In the event that The Office establishes
that an accredited provider of certification services or a
provider of certification services violates its obligations
stipulated by the Act, The Office orders the provider to remedy
the situation within a certain time limit; The Office may
determine what measures would this provider of certification
services be obliged to take.
(2) In the event that an accredited provider
of certification services commits a more severe violation
of its obligations or fails to do so within the time limit,
The Office shall have the right to withdraw accreditation
from this provider.
(3) If The Office decides to withdraw accreditation
from an accredited provider of certification services, the
Office may also invalidate the qualified certificates issued
by the provider of certification services during the accreditation
period.
Article 15.-
Invalidation of Qualified Certificates
(1) The Office may order a provider of certification
services to invalidate a signatory’s qualified certificate,
as a preliminary measure,7) if a well-founded prejudice exists
to suspect that the given qualified certificate is forged
or has been issued on the basis of false information. An order
to invalidate may also be issued in the event that the means
that the signatory uses for the creation of electronic signatures
show to have security flaws which could facilitate forging
of electronic signatures or alteration thereof.
(2) The list of certificates specified in
Sec. 6(1g) must indicate the exact time of the certificate’s
invalidation. Invalidated certificates must not be permitted
be renewed or used again.
Article 16.-
Honouring Foreign Certificates
(1) Certificates issued by a foreign provider
of certification services, which are considered qualified
under the terms of the Act, may be used as qualified certificates,
if honoured as such by a provider of certification services
that issues qualified certificates in accordance with the
Act, and under the condition that this provider of certification
services guarantees the accuracy and validity of the foreign
qualified certificates to the same extent as its own qualified
certificates.
(2) Certificates issued by a foreign provider
of certification services as qualified certificates, under
the terms of the Act, can be honoured as qualified certificates,
if so recognized by a decision of The Office or under the
terms of international conventions, or if an agreement on
bilateral recognition of certificates is entered between a
foreign authority competence or a foreign provider of certification
services and The Office.
Article 17.-
Means Used for Secure Creation and Verification of Guaranteed
Electronic Signatures
(1) The means for secure creation of electronic
signatures is a set of certain technical and program facilities
and procedures that must ensure at least that:
a) the data used for the creation of electronic
signatures occur only once and their security is duly assured;
b) the data used for the creation of electronic
signatures are sufficiently secured to eliminate the possibility
of deduction by persons familiar with the mode and means of
their creation, and adequately protected against forgery with
the aid of state-of-the-art technology;
c) the data used for the creation of electronic
signatures are properly protected against abuse by a third
party.
(3) The means used for the creation of electronic
signatures must not modify the data used for signing or prevent
them from being presented to the signatory before signing.
(4) The means for secure verification of
electronic signatures is a set of certain technical and program
facilities and procedures that must ensure at least that:
a) the data used for the verification of
electronic signatures correspond with the data presented to
the signatory before signing;
b) the signature is reliably verified and
the result of the verification duly displayed;
c) the verifier can reliably to verify the
contents of the undersigned data;
d) the verity and validity of the certificate
can be reliably verified;
e) the results of the verification and the
identity of the signatory must be duly displayed;
f) the use of a synonym must be indicated
clearly;
g) all alterations jeopardizing security
can be detected.
Article 18.-
Penalties
(1) The Office may impose a penalty of up
to CZK 10,000,000 to accredited providers of certification
services or providers of certification services and issuers
of qualified certificates for violating their obligations
stipulated by the Act.
(2) In the event that an accredited provider
of certification services or provider of certification services
and issuer of qualified certificates commits another violation
of its obligations stipulated by the Act within one year of
penalization, The Office may impose a penalty of up to CZK
20,000,000.00.
(3) Accredited providers of certification
services or providers of certification services and issuers
of qualified certificates who hamper The Office in its supervision
activities may be imposed a penalty of up to CZK 1,000,000.00
for each violation.
(4) Persons who fail duly to cooperage with
The Office during its supervision activities may be imposed
a penalty of up to CZK 25,000.00 for each violation of this
duty.
(5) In its decision-making on the amount
of penalty, The Office takes into consideration especially
the manner of such conduct, the degree of fault, the gravity
of the violation, the extent and duration thereof, and the
consequences of the unlawful conduct.
(6) The penalty may be imposed up to one
year, but no later than three years, from the day of detection.
(7) The Office collects penalties. Penalties
are solicited by the financial institution of competence by
venue, in accordance with special legislation. 8)
(8) Penalties constitute revenues to the
state budget of the Czech Republic.
Article 19.-
Unless otherwise stipulated in the Act, proceedings
arising from the Act are subject to special legislation.9)
Article 20.-
Authorization Provisions
The Office is authorized to issue decrees
further specifying the provisions of Section 6 and 17 hereof
and the manner proving adherence thereto; and further specifying
the requirements on the instruments used for electronic signatures;
and further specifying the particulars of the process and
manner of assessing compliance of electronic signature instruments
with these requirements.
PART TWO
Amendments to the Civil
Code
Article 21.-
Act No. 40/1964 Coll., the Civil Code, as
subsequently amended by Act No. 58/1969 Coll., Act No. 131/1982
Coll., Act No. 94/1988 Coll., Act No. 188/1988 Coll., Act
No. 87/1990 Coll., Act No. 105/1990 Coll., Act No. 116/1990
Coll., Act No. 87/1991 Coll., Act No. 509/1991 Coll., Act
No. 264/1992 Coll., Act No. 267/1994 Coll., Act No. 104/1995
Coll., Act No. 118/1995 Coll., Act No. 89/1996 Coll., Act
No. 94/1996 Coll., Act No. 227/1997 Coll., Act No. 91/1998
Coll., Act No. 165/1998 Coll., Act No. 159/1999 Coll., Act
No. 363/1999 Coll., Act No. 27/2000 Coll., and Act No. 103/2000
Coll., is hereby amended as follows:
Section 40(3) is hereby supplemented with
the following sentence: ”Legal procedures performed
with the aid of electronic means may be signed electronically,
in accordance with special legislation”.
PART THREE
Amendments to Act No.
337/1992 Coll., on Administration of Taxes and Fees
Article 22.-
Act No. 337/1992 Coll., on administrative
taxes and fees, as subsequently amended by Act No. 35/1993
Coll., Act No. 157/1993 Coll., Act No. 323/1993 Coll., Act
No. 85/1994 Coll., Act No. 255/1994 Coll., Act No. 59/1995
Coll., Act No. 118/1995 Coll., Act No. 323/1996 Coll., Act
No. 61/1997 Coll., Act No. 242/1997 Coll., Act No. 91/1998
Coll., Act No. 168/1998 Coll., Act No. 29/2000 Coll., Act
No. 159/2000 Coll., and Act No. 218/2000 Coll., is hereby
amended as follows:
Sec. 21(2,3) reads:
”(2) Provided that it is so stipulated
by this or another Act, taxpayers shall submit their income
tax declarations, reports, and remittances to the tax administration
authority of competence by venue, using pre-printed forms.
Forms issued in electronic form may be signed electronically,
in accordance with special legislation.
(3) Other motions concerning tax matters,
such as notifications, applications, propositions, objections,
appeals, etc. may be submitted in writing; put on record verbally;
or submitted in electronic form, signed in accordance with
special legislation, or with the aid of transmission technology
(telex, fax message, etc.)”
PART FOUR
Amendments to the Administration
Code
Article 23.-
Act No. 71/1967 Coll., on administrative
proceedings (the Administration Code), as subsequently amended
by Act No. 29/2000 Coll., and is hereby amended as follows:
Section 19(1) reads:
”(1) Motions may be made in writing;
put on record verbally; or submitted in electronic form, signed
electronically, in accordance with special legislation. Motions
may also be made telegraphically; motions containing a proposition
concerning a certain matter must be put on record in writing
or verbally subsequently within 3 days.”
PART FIVE
Amendments to the Rules
of Court
Article 24.-
Act No. 99/1993 Coll., the Civil Proceedings
Code, as subsequently amended by Act No. 36/1967 Coll., Act
No. 158/1969 Coll., Act No. 49/1973 Coll., Act No. 20/1975
Coll., Act No. 133/1982 Coll., Act No. 180/1990 Coll., Act
No. 328/1991 Coll., Act No. 519/1991 Coll., Act No. 263/1992
Coll., Act No. 24/1993 Coll., Act No. 171/1993 Coll., Act
No. 117/1994 Coll., Act No. 152/1994 Coll., Act No. 216/1994
Coll., Act No. 84/1995 Coll., Act No. 118/1995 Coll., Act
No. 160/1995 Coll., Act No. 238/1995 Coll., Act No. 247/1995
Coll., Act No. Finding of the Constitutional court No. 31/1996
Coll., Act No. 142/1996 Coll., Finding of the Constitutional
Court No. 269/1996 Coll., Act No. 202/1997 Coll., Act No.
227/1997 Coll., Act No. 15/1998 Coll., Act No. 91/1998 Coll.,
Act No. 165/1998 Coll., Act No. 326/1999 Coll., Act No. 360/1999
Coll., Finding of the Constitutional Court No. 2/2000 Coll.,
Act No. 27/2000 Coll., Act No. 30/2000 Coll., Act No. 46/2000
Coll., Act No. 105/2000 Coll., Act No. 130/2000 Coll., Act
No. 155/2000 Coll., and Act No. 220/2000 Coll., is hereby
amended as follows:
Section 42(1), first sentence reads: ”Motions
may be made in writing; put on record verbally; or submitted
in electronic form, signed electronically, in accordance with
special legislation; or telegraphically or per facsimile.”
PART SIX
Amendments to the Penal
Code
Article 25.-
Act No. 141/1961 Coll., on penal court proceedings
(the Penal Code), as subsequently amended by Act No. 57/1965
Coll., Act No. 58/1969 Coll., Act No. 149/1969 Coll., Act
No. 48/1973 Coll., Act No. 29/1978 Coll., Act No. 43/1980
Coll., Act No. 159/1989 Coll., Act No. 178/1990 Coll., Act
No. 303/1990 Coll., Act No. 558/1991 Coll., Act No. 25/1993
Coll., Act No. 115/1993 Coll., Act No. 292/1993 Coll., Act
No. 154/1994 Coll., Finding of the Constitutional Court No.
214/1994 Coll., Finding of the Constitutional Court No. 8/1995
Coll., Act No. 152/1995 Coll., Act No. 150/1997 Coll., Act
No. 209/1997 Coll., Act No. 148/1998 Coll., Act No. 166/1998
Coll., Act No. 191/1999 Coll., Act No. 20/2000 Coll., and
Act No. 30/2000 Coll., is hereby amended as follows:
Section 59(1) reads:
(1) Every motion shall be assessed according
to its contents, even if incorrectly marked. Motions may be
made in writing; put on record verbally; or submitted in electronic
form, signed electronically, in accordance with special legislation;
or telegraphically or per facsimile.
PART SEVEN
Amendments to the Personal
Data Protection Act
Article 26.-
Act No. 101/2000 Coll., on protection of
personal data and on amendments to certain legislation, is
amended as follows:
Section 29 is extended by Paragraph 4, which
reads:
”(4) The Office grants and withdraws
accreditation to/from entities operating as accredited providers
of certification services and supervisors enforcing adherence
to obligations stipulated by the Electronic Signature Act.”
PART EIGHT
Amendments to the Act
on Administrative Fees
Article 27.-
Act No. 368/1992 Coll., on administrative
fees, as subsequently amended by Act. No. 10/1993 Coll., Act
No. 72/1994 Coll., Act No. 36/1995 Coll., Act No. 118/1995
Coll., Act No. 160/1995 Coll., Act No. 301/1995 Coll., Act
No. 151/1997 Coll., Act No. 305/1997 Coll., Act No. 149/1998
Coll., Act No. 157/1998 Coll., Act No. 167/1998 Coll., Act
No. 63/1999 Coll., Act No. 166/1999 Coll., Act No. 167/1999
Coll., Act No. 223/1999 Coll., Act No. 326/1999 Coll., Act
No. 352/1999 Coll., Act No. 357/1999 Coll., Act No. 360/1999
Coll., Act No. 363/1999 Coll., Act No. 46/2000 Coll., Act
No. 62/2000 Coll., Act No. 117/2000 Coll., No. 133/2000 Coll.,
No. 151/2000 Coll., No. 153/2000 Coll., No. 154/2000 Coll.,
No. 156/2000 Coll., and No. 158/2000 Coll., is hereby amended
as follows:
1. The Annex to the Act (Table of Administrative
Fees) is hereby complemented by Part XII that reads:
PART XII
PROCEEDINGS UNDER THE
ELECTRONIC SIGNATURE ACT
Article 27
Item 162
a) submission of an application for accreditation
by a provider of certification services CZK 100,000.00
b) submission of an application for conformity
evaluation of electronic signature instruments CZK 10,000.00
2. INDEX TO TABLE OF ADMINISTRATIVE FEES
is hereby supplemented as follows:
PART XII
Proceedings under the Electronic Signature
Act item 162.
3. The period (dot) after Part XI is to be
omitted.
PART NINE
The Act comes into force and effect on the
first day of the third calendar month following promulgation
date.
Klaus, m.p.
Havel, m.p.
Zeman, m.p.
Notes
1) Act No. 40/1964 Coll., the Civil Code,
as amended.
2) Sec. 10 of Act No. 40/1964 Coll., as amended
by Act No. 509/1991 Coll.
3) Act No. 101/2000 Coll., on personal data
protection, and amendments to relevant legislation.
4) Act No. 552/1991 Coll., on state supervision,
as amended.
5) Act No. 368/1992 Coll., on administrative
fees, as amended.
6) Act No. 85/1996 Coll., on defense law,
as amended by Act No. 210/1999 Coll.
Act No. 358/1992 Coll., on notaries and their
activities (the Notarial Code), as amended
Act No. 36/1967 Coll., on court experts and
interpreters.
7) Sec. 43 of Act No. 71/1967 Coll., on administrative
proceedings (the Administration Code).
8) Act No. 337/1992 Coll., on administration
and taxes and fees, as amended.
9) Act No. 71/1967 Coll., as amended by Act
No. 29/2000 Coll.
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