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LAW OF THE REPUBLIC OF MOLDOVA

of July 19, 2018 No. 142

About data exchange and interoperability

(as amended of the Law of the Republic of Moldova of 27.11.2020 No. 212)

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Purpose and subject of regulation of the law

(1) the Purpose of this law is simplification and increase in efficiency of data exchange and interoperability within the public sector, and also between public and private sectors for improvement of quality of the provided state services, creation of new electronic state services and ensuring information security.

(2) This law governs the relations arising in the course of data exchange between bodies of the public power and public organizations, autonomous administrative authorities, the central administrative authorities subordinated to the Government and organizational structures falling within the scope of their competence (subordinated administrative authorities, including deconcentrated and subordinated public services, and also public organizations in which the ministry, the State office or other central administrative authority acts as the founder) which have the state information systems, and also between legal entities of private law who on behalf of bodies of the public power and public organizations manage or have the state information systems.

(3) This law governs the relations arising in the course of data exchange between information systems which bodies of the public power and public organizations, autonomous administrative authorities, and also other organizations specified in part (2) have, on the one hand, and information systems which legal entities of private law and physical persons have in that measure in which the last show intention voluntarily to participate in data exchange, on the other hand.

Article 2. Scope of this law

(1) This law is applied to public participants of data exchange, respectively to bodies of the public power and public organizations, including to autonomous administrative authorities, the central administrative authorities subordinated to the Government and organizational structures falling within the scope of their competence (subordinated administrative authorities, including deconcentrated and subordinated public services, and also public organizations in which the ministry, the State office or other central administrative authority acts as the founder), and also to legal entities of private law who on behalf of bodies of the public power and public organizations manage or have the state information systems.

(2) This law is also applied to legal entities of private law, including to notaries, bailiffs, registrars, lawyers authorized by the managing director, to court experts, translators, mediators and other persons authorized according to the current legislation in that measure in which they have the information systems and data which are of interest to bodies of the public power and public organizations or for other physical persons and legal entities of private law and express readiness and intention to participate in data exchange, and also to physical persons if they are consumers of data.

(3) If international treaties which party is the Republic of Moldova establish other regulations, than those which are provided by this law are applied regulations of international treaties.

(4) in case of data exchange, carried to the state secret, bank secrecy, or other data with particular legal regime apply the existing special legislation.

Article 3. Basic concepts

For the purpose of this law the following concepts are determined:

semantic asset - the information of descriptive nature used in the context of data exchange for ensuring semantic and technical compatibility of data, registered and supported in the semantic catalog according to provisions of this law;

adaptation of data - the engineering procedure of transformation including formatting, consolidation, separation, strengthening and department of the available or transferred data through interoperability platform without their misstatement with the purpose to increase efficiency of process of data exchange and/or conversion of data;

competent authority on ensuring data exchange and interoperability (further - competent authority) - the public organization "Agency of Electronic Control" performing the powers in the field of legal, organizational, semantic and technical interoperability provided by this law;

the semantic catalog - the interoperability platform component which is single and authentic source of semantic assets, organized for the purpose of ensuring semantic interoperability; the individual statement for data exchange - manual or automatic request of information system to interoperability platform for data exchange and, on the contrary, request for obtaining, provision and/or the message on availability of data;

specifications - set of standard and/or specific technical requirements which are provided with participants of data exchange when using platform of interoperability;

the consumer of data - the participant of data exchange which obtains and uses data for implementation of the warrants of law. The receiver of data of the register in sense of the Law on registers No. 71/2007 can be the consumer of data also;

the agreement on data exchange - the contract between the holder of platform of interoperability and the private participant of data exchange constituted on the sample approved by competent authority;

data/data sets - the official documented information, and also metadata provided electronically which are considered authentic in case of access through interoperability platform; the holder of platform of interoperability - the public organization "Agency of Electronic Control" responsible for management, servicing, functioning, including technical, and also for continuous development of platform of interoperability;

the supplier of data - the participant of data exchange acting as data source;

the data exchange interface - the technical software, including web service or information portal provided by the holder of platform of interoperability or the supplier of data intended for adaptation of data and/or provision of access to them to consumers of data or to end users;

interoperability - technical capability of information systems and organizational capability of public and private participants to reuse data by means of effective process of data exchange;

legal interoperability - set of all necessary measures for harmonization of the existing normative rules, regulations, procedures and the politician in order to avoid blocking of data exchange and for ensuring efficiency of data exchange and interoperability;

organizational interoperability - set of institutional, regulatory and financial aspects, and also the aspects connected with harmonization of the working processes aiming at realization of effective data exchange;

semantic interoperability - general approach to formats, syntax and value of data, and also the unambiguous interpretation of data by all participants of data exchange provided by implementation of the semantic catalog;

technical interoperability - the set of the technical aspects which are providing data exchange at technological level, including technologies of adaptation, mediation and safety, and also communication networks;

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