The law on electronic trust services came into force

Electronic identification and electronic trust services, including: electronic signature, electronic stamp, electronic timestamp, registered electronic delivery, certificate of origin of the website etc are legally introduced in Ukraine.

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On November 7, 2018, the Law of Ukraine dated October 5, 2017, No. 2505-VIII "On Electronic Trust Services" begins to operate. At the same time, the Law of Ukraine of May 22, 2003 No. 852-IV "On Electronic Digital Signature" becomes out of power.

The new law provides a long-awaited opportunity for business from Ukraine to become a full member of international e-commerce, to reduce the time and financial costs of unnecessary exchange of papers. In essence, the new law is a derivative of the European regulation on eIDAS regulation

This law regulates the relations that arise between legal entities, individuals, subjects of authority in the process of providing, obtaining electronic trust services, procedures for the provision of these services, supervision (control) of compliance with the requirements of legislation in the field of electronic trust services, as well as basic organizational -legal principles of electronic identification.

The law establishes the principles for the free circulation of electronic trust services in Ukraine, as well as the possibility of free provision of electronic trust services by providers located in other states, whose activities comply with the requirements of the Law.

According to the law, electronic trusted services are:

- creation, verification and confirmation of advanced electronic signature or stamp;

- formation, verification and confirmation of the validity of the certificate of electronic signature or seal;

- formation, verification and validation of the certificate of website authentication;

- formation, verification and confirmation of the electronic timestamp;

- registered electronic delivery;

- storage of advanced electronic signatures, seals, electronic timestamps and certificates related to these services.

Electronic interaction of individuals and legal entities that requires the sending, receipt, use and permanent storage of electronic data by third parties, the analogues of which on paper bearers must contain a personal signature in accordance with the law, as well as processing of electronic information possessed by public authorities, local self-government bodies, enterprises, institutions and state-owned organizations should be carried out using qualified electronic trust services.

State authorities, local governments, enterprises, institutions and organizations of state ownership, state registrars, notaries and other entities authorized by the state to perform functions of the state registrar, for the certification of the validity of the public key use only a qualified certificate of the public key, and for the implementation powers aimed at acquiring, changing or terminating the rights and / or duties of a natural or legal person in accordance with the law, apply only to qualified means about the electronic signature or the seal.

Laws that are subject to a notarial certificate and / or state registration in cases established by law shall be executed electronically only with the use of qualified electronic trust services.

A qualified electronic signature and a qualified electronic seal are, in essence, an enhanced electronic signature and electronic seal based on a qualified public key certificate and a qualified electronic seal.

It is worth noting that the identification of a person is introduced for the formation and issuance of a qualified certificate of a public key - carried out on the condition of its personal presence on the passport of a citizen of Ukraine or other documents.

To verify the civil capacity and legal capacity of a legal entity, the information about the legal entity contained in the USR is used and it is established that the volume of its civil capacity and capacity is sufficient for the formation and issuance of a qualified certificate of a public key.

In addition, Law No. 1555-VIII, among other things, should ensure the development of cross-border cooperation and integration of our state into the world electronic information space, as it defines the legal and organizational framework for the provision of electronic trust services, including cross-border, facilitates the cross-border use of online services, which creates conditions for secure electronic identification and authentication. Also, the law introduces an admin service for the inclusion of legal entities and private individuals who intend to perform electronic trust services in the Trust list and establishes the procedure for conducting such a list.

 

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