RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of August 14, 2017 No. 78

About approval of the Regulations on application of the digital signature and electronic seal

According to Articles 7, of 15, "About the National Bank of Ukraine", for the purpose of determination of procedure for application of the digital signature, including the digital signature, in bank system of Ukraine the Board of the National Bank of Ukraine decides 56 Laws of Ukraine:

1. Approve Regulations on application of the digital signature and electronic seal which are applied.

2. To department of safety (Skomarovsky A. A.) after official publication to bring contents of this resolution to the attention of banks of Ukraine for use in work.

3. To impose control over the implementation of this resolution on the First Deputy Chairman of the National Bank of Ukraine Smoliya Ya. V.

4. The resolution becomes effective from the date of, its official publication following behind day.

Approved by the Resolution of Board of the National Bank of Ukraine of August 14, 2017 No. 78

Regulations on application of the digital signature and electronic seal of Ukraine

I. General provisions

1. This Provision is developed according to the laws of Ukraine "About the National Bank of Ukraine", "About electronic confidential services", "About electronic documents and electronic document management" and determines organizational and methodological conditions of application of the digital signature (further - the EDS) and electronic seal during creation, processing and storage of electronic documents by banks of Ukraine, branches of foreign banks, payment institutes of payment systems, members of payment service providers, operators of services of payment infrastructure (further - organization), clients of organizations, partners and commercial agents of banks.

2. The head of organization bears responsibility for the organization of application of the EDS and electronic seals in organization if other is not established by the legislation of Ukraine.

3. In this Provision terms are used in such value:

1) the digital signature of the National Bank of Ukraine (further - the EDS of National Bank) - the advanced digital signature or advanced electronic seal which is used in payment systems of the National Bank of Ukraine and information tasks of the National Bank of Ukraine according to regulatory legal acts of the National Bank of Ukraine;

1-1) clients of organization - the client of bank or the user of payment system;

2) the partner of bank - any legal entity or physical person having relations of financial nature with bank. The partner can have at the same time with bank relations of other nature, including labor;

3) integrity checking - the procedure which gives the chance of identification of any changes in the electronic document and changes of the EDS after signing of the electronic document;

4) the simple digital signature (further - the simple EDS) - any kind of the EDS, except the qualified EDS enhanced by the EDS, the EDS of National Bank;

5) subjects of electronic interaction - National Bank of Ukraine, organizations, clients of organizations, partners and commercial agents of banks.

Other terms in this Provision are used in the values given in the Laws of Ukraine "About banks and banking activity", "About electronic confidential services", "About electronic documents and electronic document management", "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction", "About payment systems and money transfer in Ukraine".

4. Action of this Provision extends to subjects of electronic interaction.

5. The EDS is obligatory detail of the electronic document.

6. Regulations of this Provision on use of the EDS in no way cannot be interpreted as such which somehow limit the rights of subjects of electronic interaction to make transactions in oral form or in the form of paper documents (to change, supplement or terminate electronic documents paper documents or in other form which is not forbidden by the legislation of Ukraine and vice versa).

7. Creation and storage of electronic documents is performed with possibility of check of their integrity and authenticity.

8. The signer which creates the electronic document with the EDS confirms to these that it studied all text of the document, completely understood its content, has no objections to the text of the document (or his objections are brought as separate detail of the document) and consciously applied the EDS in the context provided by the document (signed, claimed, approved, vised, showed, examined).

9. EDS are created in the sequence determined by the applied technology of information processing if the electronic document is signed by two or more officials of the subject of electronic interaction or representatives of two or more subjects of electronic interaction. The technology of information processing is developed taking into account the legislation of Ukraine.

Creation of the electronic document comes to the end with creation of the last EDS according to technology of creation of such electronic document.

10. Organizations shall develop internal documents in which the procedure shall be provided taking into account requirements of the legislation of Ukraine:

1) creations and assurances of the electronic copy of the paper document;

2) creations and assurances of the copy on paper from the electronic document;

3) identifications of any changes in the electronic document;

4) identifications of any changes of the EDS after signing of the electronic document;

5) works with advanced electronic seal and qualified electronic seal of organization.

These internal documents can be processed in the form of separate documents, one document or to be parts/parts of other/other documents/documents.

Person authorized according to statutory documents of organization approves the specified documents and the organization shall provide to them easy access of clients of organizations and prospective clients of organizations.

11. The EDS has legal force irrespective of the technologies applied to creation of the EDS if answers the following conditions:

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info