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LAW OF THE REPUBLIC OF MOLDOVA

of May 19, 2022 No. 124

About electronic identification and confidential services

The parliament adopts this organic law.

This law partially shifts Regulations (EU) No. 910/2014 of the European Parliament and Council of July 23, 2014 about electronic identification and confidential services for electronic transactions in the domestic market and cancels the Directive 1999/93/EC published in the Official log of the European Union by L 257 of August 28, 2014.

Chapter I General provisions

Article 1. Purpose and scope of the law

(1) This law is aimed at providing proper level of functioning of the national market in the field of safety of electronic means of identification and confidential services, and also establishes the main regulatory base for use of digital signatures, electronic seals, electronic tags of time, electronic documents, the registered services of electronic distribution and services of certification for authentication of web pages.

(2) This law does not limit procedure for use of documents.

Article 2. Basic concepts

For the purposes of this law the following concepts mean:

authentication - the electronic procedure allowing to confirm electronic identification of physical persons and/or legal entities or origin and integrity of data electronically;

the protected electronic archive - the structured storage of electronic documents providing their confidentiality, neotrekayemost and integrity and which guarantees evidential force of electronic documents in time;

the certificate of public key - the electronic document containing public key to which the digital signature or electronic seal of the supplier of confidential services who allows to identify the certificate holder of public key is applied and confirms accessory of public key to this owner;

the qualified certificate of public key - the certificate of public key meeting the requirements, stipulated in Article 13, and which is issued by the supplier of confidential services meeting the requirements stipulated in Article 8;

the digital signature certificate - the electronic certificate connecting these validations of the digital signature with physical person and confirmatory name of this person;

the certificate of electronic seal - the electronic certification connecting these validations of electronic seal with the legal entity and the confirmatory name of this person;

the qualified digital signature certificate - the digital signature certificate issued by the skilled supplier of confidential services and meeting the requirements, stipulated in Article 25;

the qualified certificate of electronic seal - the certificate of electronic seal issued by the skilled supplier of confidential services and meeting the requirements, stipulated in Article 25;

the creator of electronic seal - the legal entity creating electronic seal;

the certificate of authentication of the web page - the electronic certification allowing to authenticate the web page and connecting the corresponding web page with physical person or legal entity to which the certificate is issued;

the qualified certificate of authentication of the web page - the certificate for authentication of the web page issued by the skilled supplier of confidential services and meeting the requirements, stipulated in Article 34;

public key - the unique digital sequence created by means of the device of creation of digital signatures or electronic seals and which corresponds to the related private key and is held for use when checking authenticity of the digital signature;

private key - the unique digital sequence created by means of the device of creation of digital signatures or electronic seals and which is held for use during creation of digital signatures or electronic seals;

personal identification data - data set, allowing to identify the personality of physical person or identification data of the legal entity or the identity of the physical person representing the legal entity;

data for creation of digital signatures or electronic seals - the unique data used by the signer or the creator of electronic seal for creation of the digital signature or electronic seal;

data for validation - the data used for validation of the digital signature or electronic seal;

data for verification of digital signatures or electronic seals - the data used for the purpose of verification of the digital signature or electronic seal;

the device of creation of digital signatures or electronic seals - configured program or the hardware used for creation of digital signatures or electronic seals;

the device of creation of qualified digital signatures or electronic seals - the device of creation of digital signatures or electronic seals meeting the requirements, stipulated in Article 27;

the device of verification of digital signatures or electronic seals - configured program or the hardware used for data application of verification of the digital signature or electronic seal;

the electronic document - content electronically, in particular in the form of the text or sound, visual or audiovisual record to which the digital signature or electronic seal is applied;

electronic identification - process of use of the personal identification data electronically which are unambiguously representing the physical person or legal entity or physical person representing the legal entity;

the intermediary in electronic document management - the individual entrepreneur or the legal entity who on behalf of signer or the creator of electronic seal and/or the receiver of the electronic document will organize also administers electronic document management system and/or renders the services connected with electronic document management;

electronic means of identification - the material and/or non-material elements containing personal identification data and used for the purposes of authentication within the services available online;

electronic tag of time - data electronically which correlate other data electronically to certain timepoint, establishing the proof that the latest data existed at the appropriate time;

qualified electronic tag of time - the electronic tag of time meeting the requirements, stipulated in Article 31;

the supplier of confidential services - the individual entrepreneur or the legal entity providing one or several confidential services as the skilled supplier of confidential services or the unskilled supplier of confidential services;

the skilled supplier of confidential services - the supplier of confidential services providing one or several qualified confidential services who has the status of the skilled supplier of confidential services given by supervision body and control;

product - hardware and/or the software or their separate components, held for use by provision of confidential services;

the digital signature - the data electronically attached to other data electronically or logically connected with other data electronically and which are used as authentication method;

the strengthened digital signature - the digital signature meeting the requirements, stipulated in Article 23;

the qualified digital signature - the strengthened digital signature created by means of the device of creation of the qualified digital signature and based on the qualified digital signature certificate;

signer - the physical person creating the digital signature;

confidential service - the electronic service provided as a rule for remuneration, consisting of one or several following actions:

a) creation, check and confirmation of validity of digital signatures, electronic seals or electronic tags of time, the registered services of electronic distribution and certificates relating to these services;

b) creation, check and validation of certificates of authentication of the web page;

c) storage of the digital signatures, electronic seals or certificates relating to these services;

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