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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of December 20, 2023 No. 172

About approval of the Regulations on use of the digital signature and electronic seal

According to Articles 7, of 15, 56 Laws of Ukraine "About the National Bank of Ukraine", article 6 of the Law of Ukraine "About electronic documents and electronic document management", for the purpose of determination of procedure for use of the digital signature and electronic seal in bank system of Ukraine and in the markets of non-bank financial services, state regulation and supervision of activities in which is exercised by the National Bank of Ukraine, and also by provision of payment services the Board of the National Bank of Ukraine DECIDES:

1. Approve Regulations on use of the enclosed digital signature and electronic seal (further - the Provision).

2. The bank, non-bank financial institution, face which is not financial institution, but has the right to provide separate financial services, state regulation and supervision for which activities is exercised by the National Bank of Ukraine, the non-bank payment service provider, the operator of payment service provider, technological operator of payment services (further - organization) shall within three months from the date of entry into force of provision develop and approve documentation for information systems of organization which are used for acceptance, registration, processing, storage, sending electronic documents with the obligatory description of the organizational and technical security measures of information realized in these information systems if such documentation is not provided by developers of such information systems.

3. Person authorized according to statutory documents of organization / authorized collegiate organ of organization approves the internal documents specified in Items 10, of the 11th Section I of the Provision within three months from the date of entry into force of the Provision.

4. For warlike situation in the territory of Ukraine and within six months from the date of its termination or cancellation use of the digital signatures or seals which are based on the certificates of open keys issued by skilled suppliers of electronic confidential services without data that the personal key is stored in means of the qualified digital signature or seal, users of electronic confidential services for implementation of electronic interaction, electronic identification and authentication of physical, legal entities and representatives of legal entities in cases when the legislation of Ukraine provides use of exclusively qualified digital signatures or seals (means of the qualified digital signature or seal, qualified electronic confidential services) or means of electronic identification with high level of credibility, except making electronically of transactions is allowed being subject to the notarial certificate and/or state registration in the cases established by the laws of Ukraine, and the cases connected with high risk for information security it is determined by owners of the corresponding information and information and communication systems taking into account the restrictions set by the paragraph the second parts two of article 17 of the Law of Ukraine "About electronic confidential services".

5. Recognize invalid:

1) the resolution of Board of the National Bank of Ukraine of August 14, 2017 No. 78 "About approval of the Regulations on application of the digital signature and electronic seal";

2) the Resolution of Board of the National Bank of Ukraine of February 25, 2019 No. 42 "About modification of the Regulations on application of the digital signature in bank system of Ukraine";

3) the resolution of Board of the National Bank of Ukraine of December 13, 2019 No. 151 "About approval of the Regulations on application of the digital sign manual in bank system of Ukraine";

4) the resolution of Board of the National Bank of Ukraine of July 30, 2020 No. 110 "About modification of the Regulations on application of the digital sign manual in bank system of Ukraine";

5) the resolution of Board of the National Bank of Ukraine of May 18, 2022 No. 100 "About modification of some regulatory legal acts of the National Bank of Ukraine".

6. Department of safety (Alexander Palamarchuk) after official publication to inform banks of Ukraine, the participants of the payment market, persons performing activities in the markets of financial services, state regulation and supervision of which activities the National Bank of Ukraine exercises, information on adoption of this resolution.

7. To impose control over the implementation of this resolution on the Chairman of the National Bank of Ukraine Andrey Pyshny.

8. The resolution becomes effective from the date of, its official publication following behind day, except Items 1-3, 5 of this resolution which become effective since December 31, 2023.

Chairman

A. Magnificent

Approved by the Resolution of Board of the National Bank of Ukraine of December 20, 2023 No. 172

Regulations on use of the digital signature and electronic seal

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