RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of December 30, 2020 No. 773

About implementation of the Presidential decree of the Republic of Belarus of April 18, 2019 No. 148

Based on parts three and the sixth subitem 1. 7, parts four of subitem 1.11 and part one of subitem 1.12 of Item 1 of the Presidential decree of the Republic of Belarus of April 18, 2019 No. 148 "About digital banking technologies" DECIDES: Council of Ministers of the Republic of Belarus

1. Determine the list of the financial transactions, services, other activities and transactions made with participation of users of interbank system of identification using the method provided in paragraph three of part one of subitem 1.11 of Item 1 of the Presidential decree of the Republic of Belarus of April 18, 2019 No. 148 (further - transactions), according to appendix.

2. Carrying out identification by the user of interbank system (further if other is not established, - MSI) transactions is performed with the consent of the client, his representative (further - the client) on obtaining, transfer, collection, processing, accumulating, storage, distribution, provision and (or) use of data of the client, including biometric data, with use of software and hardware and technologies (further - data processing).

3. The user of MSI in case of receipt of consent of the client to data processing shall inform the client in available form:

about the data processing purposes about the client;

about structure of the data on the client which are subject to processing;

about persons getting access to data on the client;

about effective period of consent to data processing on the client;

about other conditions of data processing about the client.

4. Provision by the client of consent to data processing is performed:

in writing in case of the personal address to the user of MSI;

in electronic form:

with use of means of the digital signature;

without use of means of the digital signature using software and hardware and technologies, including by means of use by the client of system of remote servicing of the user of MSI, in the course of holding procedures of identification (including remote identification) or authentications of the client.

5. The consent of the client to data processing is effective to:

terminations of effective period of consent of the client to data processing;

response moment client of the consent to data processing.

The user of MSI in case of response the client of the consent (in case of the termination of effective period of consent of the client) on data processing blocks data on the client no later than the working day following behind day of response the client of consent (the termination of effective period of consent of the client) to data processing.

6. The response can be performed by the client of the consent to data processing:

in writing in case of the personal address to the user of MSI;

in electronic form:

with use of means of the digital signature;

without use of means of the digital signature using software and hardware and technologies, including by means of use by the client of system of remote servicing of the user of MSI, after its authentication.

7. Use of software and hardware and technologies when implementing transactions by the user of MSI can be performed in cases:

identifications of the client, including remote identification;

authentications of the client;

forming of documents in electronic form;

signings (confirmation) of the documents in electronic form created when making transaction.

8. The procedure for use of software and hardware and technologies when implementing transactions is determined by local legal acts of the user of MSI and shall provide:

the description of the procedure of acquaintance of the client with data processing conditions about the client;

process description of obtaining and withdrawal of consent of the client to data processing;

process description of authentication of the client until making of transaction and (or) in the course of transaction making if engineering procedure of making of this transaction provides the procedure of carrying out authentication as part of process of making of transaction;

description of processes of forming of the document in electronic form and its signing (transaction making confirmation), methods of signing (confirmation) by the client of the document in electronic form;

process description of provision by the client and receipts by the user of MSI of the offer to sign the agreement, the consent of the client to making of the corresponding transaction (the conclusion of the agreement);

description of the procedure of provision (reproduction) of the copy of the document in electronic form;

the description of procedure for document transfer in electronic form on archival storage;

sending to regulatory legal acts which contain procedure for carrying out identification.

9. The user of MSI refuses to the client use of software and hardware and technologies when implementing transactions:

in case of non-compliance by the client with the conditions determined according to part two of Item 12 of this resolution;

in the presence at the user of MSI of the data confirming unauthenticity of the data provided by the client for the purpose of identification;

in case of identification of the fact of violation of integrity of the document in electronic form;

in the presence of data on receipt by the third parties of unauthorized access to software and hardware and technologies;

in case of refusal from provision or response by the client of consent to data processing;

in other cases determined by the agreement (agreement) provided in part one of Item 12 of this resolution.

10. When implementing by the user of MSI of transaction with use of the document in electronic form it is necessary to apply the procedure of authentication of the client.

The procedure for holding procedure of authentication of the client is determined by the user of MSI and shall provide application of one or more authentication factors depending on risk level of the performed transaction. For registration of consent to provision of the credit report the procedure for holding procedure of authentication of the client is determined by the user of MSI and provides application of multiple-factor authentication. In other cases authentication level (one-factorial, multiple-factor) clients when making transactions is determined in local legal acts of users of MSI.

In case of authentication of the client the following types of authentication factors can be used: knowledge factors, ownership factors, factors of property of object.

11. In case of carrying out identification of the client (identification) in case of its personal presence forming and signing (confirmation) of the document in electronic form are allowed by means of carrying out one-factorial authentication of the client, including with use of the digital hand-written signature.

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