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LAW OF THE REPUBLIC OF MOLDOVA

of May 29, 2014 No. 91

About the digital signature and the electronic document

(as amended on 11-11-2021)

The parliament adopts this organic law.

This law creates necessary basis for application of the Directive No. 1999/93/EU of the European Parliament and Council of December 13, 1999 about the legal basis of regulation of digital signatures published in the Official log of the European Communities No. L 13 of January 19, 2000.

Chapter I. General provisions

Article 1. Purpose and scope of this law

(1) This law sets legal regime of the digital signature and electronic document, including the main requirements concerning their reality and the main requirements to certified services.

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

(3) Recognition of the digital signature and electronic document outside the Republic of Moldova is regulated by international treaties, one of the parties of which is the Republic of Moldova. If the international treaty, one of the parties of which is the Republic of Moldova, other regulations are established, than those which are provided in this law are applied regulations of the international treaty.

Article 2. Basic concepts

For the purposes of this law the following concepts are used:

voluntary accreditation – the permission establishing the rights and obligations in relation to provision of certified services, this at the request of the supplier of certified services by the competent authority responsible for establishment of such rights and obligations and implementation of supervision of their observance in case the supplier of certified services is not authorized to have the rights arising from permission before he received the decision of this body;

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

authenticity of the electronic document – the quality of the electronic document consisting that it is signed by person having the authentic digital signature and the given right to sign;

the certificate of public key – the electronic document containing public key and signed by the digital signature of the supplier of certified services, confirming accessory of public key to the certificate holder of public key and allowing to identify this owner;

the qualified certificate of public key – the certificate of public key meeting requirements, stipulated in Article 31, and issued by the supplier of certified services meeting requirements stipulated in Article 26;

private key – the unique string created by means of the device of creation of the digital signature and intended for creation of the digital signature;

public key – the unique string created by means of the device of creation of the digital signature, corresponding to the related private key and intended for check of authenticity of the digital signature;

electronic document management – set of processes of creation, processing, sending, obtaining, storage, change and/or destruction of electronic documents;

this for creation of the digital signature – unique data, such as codes or private keys which are used by the signing person for creation of the digital signature;

this for verification of the digital signature – data, such as codes or public keys which are used for the purpose of verification of the digital signature;

the device of creation of the digital signature – the configured program and/or technical means used for implementation of data for creation of the digital signature;

the protected device of creation of the digital signature – the device of creation of the digital signature meeting the requirements provided by parts (3) and (4) Article 8;

the device of verification of the digital signature – the configured program and/or technical means used for implementation of data for verification of the digital signature;

the receiver of the electronic document – physical person or legal entity to which the electronic document, or the other person who by law or agreements receives the electronic document is addressed;

the electronic document – the information electronically created, structured, processed, stored and/or transmitted by means of the computer or other electronic devices, signed by the digital signature according to this law;

the intermediary in electronic document management – the individual entrepreneur or the legal entity who at the request of the signing person and/or the receiver of the electronic document will organize and manage electronic document management system and/or provide the services connected with electronic document management;

time tag – the attribute of the electronic document, by means of the digital signature certifying that information existed at a given time, with preserving authenticity and integrity of the electronic document;

the supplier of certified services – the individual entrepreneur or the legal entity providing certified services;

the supplier of registration services - person providing services in check of the identity of the applicant, registration and sending the statement for certification of public key on behalf of person requesting receipt of the digital signature;

product for the digital signature – program or technical means or their matching components which are held for use the supplier of certified services for the purpose of provision of certified services or are held for use for the purpose of creation or verification of digital signatures;

The register of representative powers based on the digital signature – the electronic register in which the representative powers based on the digital signature conferred by physical persons or legal entities to the other person are registered;

the signing person – the person having the device of creation of the digital signature and acting or from own name, or on behalf of physical person, the legal entity or the subject which or whom it represents;

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

certified services – services of certification of public keys, putting down of tag of time and other services in the field of the digital signature;

electronic document management system – the organizational and technical system providing implementation of electronic document management.

Chapter II. Legal regime of the digital signature

Article 3. Principles of use of the digital signature

The principles of use of the digital signature are:

a) liberty of choice and uses of any kind of the digital signature if the requirement about use of specific type of the digital signature according to the purposes of its use is not provided by regulations or the agreement of the parties;

b) possibility of the choice of any technology and/or the technical means allowing to use specific types of digital signatures according to provisions of this law;

c) inadmissibility of the reference to lack of legal force of the digital signature and/or the electronic document signed by it only based on the fact that such digital signature is created not with own hand, and with use of the device of creation of the digital signature and/or product for the digital signature.

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