LAW OF THE REPUBLIC OF MOLDOVA

of July 15, 2004 No. 264-XV

About the electronic document and the digital signature

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Purpose and scope of this law

(1) This law establishes the legal basis of use of electronic documents and application of the digital signature, determines the main requirements imposed to the electronic document and the digital signature and also the basic rules of implementation of electronic document management.

(2) This law extends to the relations arising between physical persons and/or legal entities during creation, departure, transfer, obtaining, storage and other use of electronic documents and application of the digital signature in any fields of activity including in case of transactions, implementation of payments and in other stipulated by the legislation cases.

(3) restrictions on use of electronic documents and application of the digital signature can be set by the Legislation.

Article 2. Legal basis

(1) the Relations arising during creation and use of electronic documents and application of the digital signature are regulated by this law, other regulations and international treaties, one of the parties of which is the Republic of Moldova, and also agreements and agreements between physical persons and/or legal entities.

(2) Creation and use of the electronic document, application of the digital signature in the relations connected with use of the international information systems or networks is regulated by international treaties, one of the parties of which is the Republic of Moldova.

(3) 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 3. Basic concepts

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

the addressee of the electronic document - physical and legal persons or the state to which the electronic document goes;

the author of the electronic document - the certificate holder of public key who created the electronic document and signatory its digital signature;

authenticity of the electronic document - the quality of the electronic document consisting in signing by its authorized person the authentic digital signature;

authenticity of the digital signature - the quality of the digital signature consisting in signing of the electronic document by his originator with use of the private key corresponding to the related public key used when checking and also for lack of any changes in the electronic document after its signing;

the certificate of public key - the electronic document containing public key and signed by the digital signature of the authorized person of the center of certification of public keys, confirming accessory of public key to the certificate holder of public key, and also allowing to identify this owner;

private key - the unique digital sequence created by means of the digital signature and intended for creation of the digital signature;

public key - the unique digital sequence created by means 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, departure, transfer, obtaining, storage, change and/or destruction of electronic documents using information and telecommunication technologies;

the receiver of the electronic document - the addressee of the electronic document or the other person who by law or agreements receives the electronic document sent addressed to the addressee of the electronic document;

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