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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 20, 2017 No. 1141

About approval of the Regulations on procedure for application of the digital signature in electronic documents serving legal entities of the public law within electronic circulation of these documents
(Extraction)

In pursuance of part (4) article 5 of the Law No. 91 of May 29, 2014 on the digital signature and the electronic document (The official monitor of the Republic of Moldova, 2014, Art. No. 174-177, 397), with subsequent changes and amendments, DECIDES: the Government

1. Approve Regulations on procedure for application of the digital signature in electronic documents serving legal entities of the public law within electronic circulation of these documents it (is applied).

2. Charge to bodies of the central public management and recommend to bodies of local public authority to create in 3-month time necessary conditions for application of the digital signature according to the approved Provision.

3. Employees of legal entities of the public law use, within the activities, the certificates of public keys issued by the supplier of certified services of bodies of public management. The procedure for creation/determination of the supplier of certified services of bodies of public management is established by the Government.

4. Academies of public management, together with the supplier of certified services of bodies of public management to organize for the serving legal entities of the public law training courses on application of the digital signature.

5. Services in certification of public keys and other types of service connected with the digital signature are provided according to Chapter III of the Provisions on special telecommunication systems of the Republic of Moldova approved by the Order of the Government No. 735 of June 11, 2002. (The official monitor of the Republic of Moldova, 2002, Art. No. 79-81, 833), with subsequent changes and amendments.

6. To the supplier of certified services of bodies of public management to provide service of tag of time to legal entities of the public law.

7. Declare invalid the Order of the Government No. 320 of March 28, 2006. "About approval of the Regulations on procedure for application of the digital signature in electronic documents of bodies of the public power" (The official monitor of the Republic of Moldova, 2006, Art. No. 51-54, 350), with subsequent changes.

Prime Minister

Paweê Phillip

Kontrasignuyet:

Deputy Prime Minister, Minister of Economy and Infrastructure

 

Octavian Kalmyk

 

Approved by the Order of the Government of the Republic of Moldova of December 20, 2017 No. 1141

Regulations on procedure for application of the digital signature in electronic documents serving legal entities of the public law within electronic circulation of these documents

I. General provisions

1. This Provision determines general terms of application of the digital signature in electronic documents of legal entities of the public law.

2. The legal entity of the public law, on contractual conditions, receives the services of certification of public keys and other services connected with the digital signature from the supplier of certified services of bodies of public management (further – the supplier of certified services) according to regulations on the supplier of certified services and performs information exchange with the supplier of certified services through telecommunication system of bodies of public management.

3 Serving legal entities of the public law, when signing electronic documents within execution of service duties, apply the digital signature only with condition of use of the device of creation and/or verification of the digital signature, product for the digital signature which have conclusion about compliance. This conclusion is issued according to the Provision about issues of the conclusion to devices of creation and/or verification of the digital signature and to the products for the digital signature approved by Service of information and safety (further – competent authority).

4. Responsibility for the organization of application of the digital signature in electronic documents of the legal entity of the public law is born by his head.

II. Procedure for application of the digital signature

Section 1 General terms of application of the digital signature

5. Application of the digital signature provides:

1. creation of public and private key;

2. certification of public key by the supplier of certified services;

3. signing of the electronic document, by means of application of the digital signature;

4. check of authenticity of the digital signature applied to the electronic document.

6. The digital signature in electronic documents of legal entities of the public law is applied by person, the representative in accordance with the established procedure to sign the sign manual similar paper documents (further - the employee).

7. Division of information technologies of the legal entity of the public law, and in the absence of that - division or the employee assigned by the order of the head of this body (further - responsible division):

1. advises the closed and public keys serving in process of creation for creation of the strengthened unqualified digital signature, when signing electronic documents and checking authenticity of the digital signature;

2. prepares and provides to the supplier of certified services information necessary for creation of certificates of public keys of employees, and also statements for suspension and renewal of action and for withdrawal of certificates;

3. provides access for employees to registers of certificates of public keys which are kept by the supplier of certified services;

4. records devices (in electronic form and/or on paper), including safe, creations of the digital signature and their check, and also the products for the digital signature used by the legal entity of the public law;

5. provides document storage based on which certificates of public keys of employees, with compliance with law guarantee about personal data protection were created;

6. exercises internal control over use and storage by employees of devices of creation and/or verification of the digital signature according to the established requirements.

Section 2 Creation of Public Key and Private Key

8. The private key and public key used for creation of the strengthened unqualified digital signature are created by responsible division directly in the location of the legal entity of the public law or the supplier of certified services at its office, without violation of confidentiality of private key.

9. The private key and public key used for creation of the strengthened qualified digital signature are created by the supplier of certified services by means of the protected device of creation of the digital signature.

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