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Republic of Bulgaria

State Telecommunications Commission Electronic Document and Electronic Signature Act May 2001. Republic of Bulgaria. State Telecommunications Commission. 1. Scope of the Bulgarian Electronic Document and Electronic Signature (EDES) Act

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Republic of Bulgaria

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  1. State Telecommunications Commission Electronic Document and Electronic Signature Act May 2001 Republic of Bulgaria

  2. State Telecommunications Commission 1. Scope of the Bulgarian Electronic Document and Electronic Signature (EDES) Act Electronic document and electronic signature issues, and the terms and procedure of certification services providing. It shall not apply to: • transactions for which qualified written form (i.e. notarization, handwritten statement, presence of witnesses) is required by law; and • where the act of upholding of a document or a copy of it has legal significance (i.e. securities, bills of lading, etc.)

  3. State Telecommunications Commission 2. Fundamental Principles of the EDES Act Three different classes of electronic signatures: • ordinary electronic signature • advanced electronic signature • universal electronic signature

  4. State Telecommunications Commission Legal effectiveness of electronic signatures and admissibility as evidence • All three classes of electronic signature have the effect of handwritten signature • Limitations to state and municipal authorities • Legal effectiveness and admissibility of documents regulated under separate act

  5. State Telecommunications Commission Market Access • Powers of the State Telecommunications Commission • No prior authorization required for CSPs. Registration Procedure. • Voluntary Accreditation Scheme • Special provisions for application of electronic signatures by state and municipal authorities

  6. State Telecommunications Commission Liability of CSPs to signatories and third parties for damages caused by: • faulty non-performance of duties and obligations under the EDES Act • Inaccurate data contained in the qualified certificates • Signatory’s non-disposal of a private key corresponding to the public key • Non-conformity of the signature-verification data to the signature-creation data • faulty failure to register revocations of the qualified certificates

  7. State Telecommunications Commission Liability of signatories to third parties for damages caused by: • use of an illegal algorithm in signature creation • non-performance of the specified by the CSP security requirements • provided false data in the qualified certificate content • concealing occurred illegal use of his private key • failure to request revocation of the certificate.

  8. State Telecommunications Commission Admissibility and recognition of qualified certificates issued by CSPs established in foreign states • They comply with the respective national law, the CSP is recognized in the country of its establishment and the requirements in national law correspond to requirements in the EDES act; or • Registered Bulgarian CSP has assumed the liabilities for deeds and omissions of the foreign CSP with regard to the qualified certificate; or • The qualified certificate issued or the CSP that has issued the certificate were recognized under an effective international agreement.

  9. State Telecommunications Commission 3. The EDES Act as a framework for public discussion Provisions to be further developed in regulations under the EDES Act: • Requirements to the algorithms of the advanced electronic signatures; • Means to support the certification activities of CSPs as per the EDES Act; • Liability of the CSPs for damages caused for non-performance of their obligations, based on errors and omissions insurance; • Requirements to the technical and engineering equipment to ensure the trustworthiness of the systems used and the technical and cryptographic security of the processes performed;

  10. State Telecommunications Commission • Structure and organization of the public electronic repositories maintained by the CSPs and the activities thereof; • Activities of CSPs and the procedure for termination of these activities; • Format of certificates issued by the CSPs; • Requirements to the storage of data related to the certification services provided by CSPs; • Content, form and sources related to information disclosed by the CSPs; • Criteria for bodies to be charged with the verification and supervision of the CSPs’ compliance with the requirements laid in the EDES Act , the requirements for secure-signature-creation devices inclusive; • Procedure for registration of CSPs and registration fees to be paid.

  11. State Telecommunications Commission 4. Cooperation and exchange of information • Criteria for bodies to be charged with the verification and supervision of the CSPs’ compliance with the requirements under the EDES Act. Is there such bodies or international associations that the STC might get in touch with? • Implementation of standards, practical solution with a view to translation requirements. How is the problem solved in other countries? • Explanation on Art. 5(1) compared to Art. 5(2) of Directive 1999/93/EC • Has the European Committee under Art. 9 of Directive 1999/93/EC been already established and if so how can we contact it?

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