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LAW OF UKRAINE

of October 5, 2017 No. 2155-VIII

About electronic confidential services

(as amended of the Law of Ukraine of 14.01.2020 No. 440-IX)

This Law determines legal and organizational basis of provision of electronic confidential services, including cross-border, the rights and obligations of subjects of legal relations in the field of electronic confidential services, procedure of the state supervision (control) of observance of requirements of the legislation in the field of electronic confidential services, and also legal and organizational basis of implementation of electronic identification.

The purpose of this Law is settlement of the relations in spheres of provision of electronic confidential services of electronic identification.

Section I General provisions

Article 1. Determination of terms

1. In this Law the following basic concepts are used:

1) authentication - the electronic procedure which allows to confirm electronic identification of the physical, legal entity, information or information and telecommunication system and/or origin and integrity of electronic data;

2) blocking of the certificate of public key - temporary suspension of action of the certificate of public key;

3) the website - set of the software placed on unique address in the computer network, including on the Internet together with the information resources which are at the disposal of certain subjects also provide access of legal entities and physical persons to these information resources and other information services via the computer network;

4) public key - the parameter of algorithm of asymmetric cryptographic conversion which is used as electronic data for verification of the digital signature or seal, and also for the purpose of, by the determined standards for qualified certificates of public keys;

5) separate Item of registration - representation (branch, division, territorial authority) of the supplier of electronic confidential services or legal entity or physical person which based on the order of the supplier of electronic confidential services (his head) or the agreement signed with it performs registration of subscribers with observance of requirements of this Law and legislation in the field of information protection;

6) the confidential list - the list of skilled suppliers of electronic confidential services and information on the services provided by them;

7) electronic confidential service - service which is provided for ensuring electronic interaction of two or more subjects which trust the supplier of electronic confidential services in provision of such service;

8) electronic identification - the procedure of use identification these persons electronically who unambiguously determine the physical, legal entity or the representative of the legal entity;

9) electronic seal - electronic data which are added by the creator of electronic seal to other electronic data or logically with them communicate and used for determination of origin and integrity checking of the connected electronic data;

10) electronic mark of time - electronic data which connect other electronic data with specific timepoint for confirmation of availability of these electronic data of time at present;

11) electronic service - any service provided through information and telecommunication system;

12) the digital signature - electronic data which are added by signer to other electronic data or logically with them communicate and used by it as the signature;

13) electronic data - any information electronically;

14) the certificate of action of public key - the procedure of forming of the certificate of public key;

15) digital signature facility or seals - the hardware-software or hardware device or the software which are used for creation and/or verification of the digital signature or seal;

16) means of electronic identification - the information medium which contains identification these persons and is used for authentication of person by provision and/or receipt of electronic services;

17) means of the qualified digital signature or seal - the hardware-software or hardware device or the software realizing cryptographic algorithms of generation of couples of keys and/or creation of the qualified digital signature or seal, and/or verification of the qualified digital signature or seal, and/or storage of personal key of the qualified digital signature or seal which conforms to requirements of this Law;

18) means of the advanced digital signature or seal - the hardware-software or hardware device or the software realizing cryptographic algorithms of generation of couples of keys and/or creation of the advanced digital signature or seal, and/or verification of the advanced digital signature or seal, and/or storage of personal key of the advanced digital signature or seal;

19) identification these persons - unique data set which allows to identify unambiguously the physical, legal person or the representative of the legal entity;

20) identification of person - the procedure of use identification these persons from the documents created on material carriers and/or electronic data as a result of which accomplishment unambiguous establishment of the physical, legal entity or representative of the legal entity is provided;

21) interoperability - technological compatibility of the technical solutions used by provision of electronic services and their capability to interact among themselves;

22) qualified electronic seal - the advanced electronic seal which is created with use of means of qualified electronic seal and is based on the qualified certificate of electronic seal;

23) the qualified digital signature - the advanced digital signature which is created with use of means of the qualified digital signature and is based on the qualified certificate of public key;

24) the skilled supplier of electronic confidential services - the legal entity irrespective of legal form and pattern of ownership, physical person entrepreneur which provides one or more electronic confidential services which activities conform to requirements of this Law and the data about which are entered in the Confidential list;

25) the qualified certificate of public key - the certificate of public key which is issued by the skilled supplier of electronic confidential services certification center or the central certifying body and meets the requirements of this Law;

26) compromise of personal key - any event which brought or can lead to illegal access to personal key;

27) users of electronic confidential services - the signer, creators of electronic seals, senders and receivers of electronic data, other physical persons and legal entities which receive electronic confidential services at suppliers of such services according to requirements of this Law;

28) the supplier of electronic confidential services - the legal entity irrespective of legal form and pattern of ownership, physical person - the entrepreneur providing one or more electronic confidential services;

29) personal key - the parameter of algorithm of asymmetric cryptographic conversion which is used as unique electronic data for creation of the digital signature or seal, available only to the subscriber or the creator of electronic seal, and also for the purpose of, by the determined standards for qualified certificates of public keys;

30) couple of keys - personal and corresponding to it opened keys which are the interconnected parameters of algorithm of asymmetric cryptographic conversion;

31) check - process of assurance of authenticity and confirmation of the fact that the digital signature or seal are valid;

32) signer - physical person which creates the digital signature;

33) recovery of the certificate of public key - recovery of action of previously blocked certificate of public key;

34) the software and hardware complex used by provision of electronic confidential services (further - software and hardware complex) - equipment rooms, hardware-software and the software providing accomplishment of the functions connected with provision of electronic confidential services;

35) the register of the existing, blocked and cancelled certificates of public keys - the electronic database which contains the data on certificates of public keys created by the supplier of electronic confidential services, certification center or the central certifying body, their status and certificate revocation lists of public keys;

36) the registered electronic delivery - service which allows to transmit electronic data between the third parties through electronic means, to certify processing of the transferred electronic data, including to confirm departure and receipt of electronic data and to protect the sent electronic data from loss, theft, damage or unauthorized changes;

37) the self-signed certificate of public key - the certificate of public key which is created by the central certifying body or certification center with use of personal key of the central certifying body or certification center;

38) the certificate of public key - the electronic document certifying accessory of public key to physical person or legal entity confirms its identification data and/or gives opportunity to perform authentication of the website;

39) canceling of the certificate of public key - suspension of action of the certificate of public key;

40) the creator of electronic seal - the legal entity who creates electronic seal;

41) the scheme of electronic identification - system of electronic identification in which means of electronic identification are issued to physical, legal entities and representatives of legal entities;

42) technological neutrality of national technical solutions - non-interference of the bodies performing state regulation in the field of electronic confidential services to mining process of software and hardware complexes, digital signature facilities or seal and means of cryptographic information protection not to interfere with achievement of interoperability between them;

43) advanced electronic seal - the electronic seal created as a result of cryptographic conversion of electronic data with which this electronic seal is connected with use of means of advanced electronic seal and the personal key which is unambiguously connected with the creator of electronic seal and which allows to perform electronic identification of the creator of electronic seal and to reveal violations of integrity of electronic data with which this electronic seal is connected;

44) the advanced digital signature - the digital signature created as a result of cryptographic conversion of electronic data with which this digital signature is connected with use of means of the advanced digital signature and the personal key which is unambiguously connected with signer and which allows to perform electronic identification of signer and to reveal violations of integrity of electronic data with which this digital signature is connected.

2. Other terms are used in the values given in the Civil code of Ukraine, the laws of Ukraine "About electronic documents and electronic document management", "About information protection in information and telecommunication systems", "About standardization", "About technical regulations and assessment of conformity", "About scientific and scientific and technical examination", "About the National Bank of Ukraine".

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