RESOLUTION OF THE NATIONAL COMMISSION ON THE FINANCIAL MARKET OF THE REPUBLIC OF MOLDOVA

of February 5, 2018 No. 8/12

About modification and amendments in some regulations

Based on Art. 8 of the item b), Art. 21 of the h. (1), Art. 22 of the h. (1) and h. (2) the Law on the National commission on the financial market No. 192-XIV of November 12, 1998 (it is repeatedly published in the Official monitor of the Republic of Moldova, 2007, No. 117-126 BIS, the Art. 91), the National commission on the DECIDES: financial market

I. In introductory part of the Resolution of the National commission on the financial market No. 8/15 of February 26, 2009 about approval of some provisions (Official monitor of the Republic of Moldova, 2009, No. 86-88, of the Art. 363), registered in the Ministry of Justice of the Republic of Moldova at No. 671 of April 17, 2009, to make the following changes and additions:

- text "Art. 6 of the h. (4), Art. 7 of the h. (7), Art. 8 of the h. (2) and (4) Art. 15 of the h. (2) the item 1) a subitem) - d) and Art. 16 of the h. (2) the item 1) b subitem) the Law No. 122-XVI of May 29, 2008 "About bureau of credit histories" (The official monitor of the Republic of Moldova, 2008, No. 138-139, the Art. 559)" to replace with the text "Art. 6 of the h. (1), h. (4) and h. (11), Art. 7 of the h. (7), Art. 8 of the h. (2) and h. (4), Art. 17 of the h. (3) the item 1) a subitem) - d) and g), h. (7) and h. (8), Art. 18 of the h. (2) the item 1) b subitem) the Law on bureau of credit histories No. 122-XVI of May 29, 2008 (repeated publication: Official monitor of the Republic of Moldova, 2017, No. 316-321, Art. 546)".

II. In introductory part of the Resolution of the National commission on the financial market No. 7/4 of February 20, 2009 about approval of the Regulations on licensing of activities of bureau of credit histories (Official monitor of the Republic of Moldova, 2009, No. 669-71, of the Art. 304), registered in the Ministry of Justice of the Republic of Moldova at No. 69 of April 1, 2009, to make the following changes and additions:

- text "Art. 15 of the h. (2) item 1) subitem е) and Art. 16 of the h. (1) – (3) the Law No. 122-XVI of May 29, 2008 "About bureau of credit histories" (The official monitor of the Republic of Moldova, 2008, No. 138-139, the Art. 559)" to replace with the text "Art. 17 of the h. (3) item 1) e subitem) and f), Art. 18 of the h. (1) - (3) the Law on bureau of credit histories No. 122-XVI of May 29, 2008 (repeated publication: Official monitor of the Republic of Moldova, 2017, No. 316-321, Art. 546)".

III. In the Regulations on the information systems used for creation of the database of bureau of credit histories, approved by the Resolution of the National commission on the financial market No. 8/15 of February 26, 2009 registered in the Ministry of Justice of the Republic of Moldova at No. 671 of April 17, 2009 to make the following changes and additions:

1. In all text of the Provision:

1) change belongs only to option in state language;

The words "digital signature" in all grammatical forms shall be replaced with words 2) "digital signature" in the corresponding grammatical form.

2. In Items 1 and 15 of the word "collection, storage, accumulating, processing, transfer and destruction (exception) of information of credit stories" shall be replaced with words to "processing of credit history".

3. In Item 2:

To add 1) with two new concepts of the following content:

"technical audit – assessment of information systems (the equipment and the software) performed by the specialized company in the field of information technologies with involvement of at least one specialist owning the certificate of CISA (Certified Information Systems Auditor) for the purpose of determination of degree of safety and level of protection of the used system;

the digital signature – data electronically as they are determined in the Law on the digital signature and the electronic document No. 91 of May 29, 2014;

The concept "complex of program technical means" to state 2) in the following edition:

"complex of program technical means – set of the software and the technical equipment providing implementation of information processes;";

3) concept of "means of the digital signature" to exclude.

4. In Item 3 of the word "transfer, collection, storage, accumulating, processing and destruction (exception) of these credit stories" shall be replaced with words to "processing of credit history".

5. In the subitem 1) of item 4 of the word "collection, storage, accumulating, processing, transfer and destruction" to replace with the word to "processing".

6. In Item 10 of the word ", according to the legislation on the electronic document and on the digital signature" to exclude.

7. In the subitem 7) of Item 12 after the word of "participants" to add with words "with which the agreement on rendering information services was signed".

8. Exclude Item 18.

9. State Item 29 in the following edition:

"29. The bureau shall provide information from the database of bureau only in cases and with observance of the requirements established by the Law on bureau of credit histories No. 122-XVI of May 29, 2008"

10. Add Item 31 with the subitem 10) of the following content at the end:

"10) procedure for the organization and generation of records of security audit of information system of bureau for the events specified in the corresponding list, which are subject to audit."

11. Add with Items 33-1 – 33-6 following contents:

"33-1. The bureau of credit histories will provide carrying out technical audit at least once in three years or according to the order of the National commission on the financial market in the cases provided by part (8) article 17 of the Law on bureau of credit histories No. 122-XVI of May 29, 2008.

33-2. The company performing technical audit cannot be the affiliate of bureau of credit histories.

33-3. The report of the technical audit performed according to international standards of audit in the field of information systems shall contain opinion of audit on sufficiency and efficiency of the implemented security measures connected with use of information system for creation of the database and about their compliance to the current legislation and regulations of the National commission on the financial market.

33-4. The bureau of credit histories cannot sign with the same company the agreement of technical audit on carrying out more than three audits in a row.

33-5. To the report of audit, the submitted National commission on the financial market according to part (9) article 17 of the Law on bureau of credit histories No. 122-XVI of May 29, 2008, documents, the confirming compliance of the company performing technical audit, to requirements of this provision and also the declaration under own responsibility of the specialists booking audit about preserving confidentiality and safety of personal data are attached.

33-6. The bureau of credit histories takes all necessary measures for the prevention of conflicts of interest which can arise in the course of implementation of auditor activities, and shall provide timely to the company booking technical audit, the complete, untrue, relevant information for ensuring carrying out audit in favorable conditions.".

12. In Item 40:

Words" (means of the software and hardware)" to exclude 1);

Words to "forming, processing, accumulating" to replace 2) with the word to "processing".

13. In Item 51 of the word "representing set of electronic documents and documents on the papers including" to replace with the word "including".

14. In Item 54 to exclude the word "archive".

15. In Item 55 "archive" to exclude the word, and shall be replaced with words words of "seven years" "five years".

16. In Item 56 of the word of "archive documents" shall be replaced with words "paper documents" and to add at the end with the text: "Destruction (exception) of information constituting credit stories from the database of bureau is performed by use of predefined bureaus of credit histories of algorithms.".

17. In Item 58, "archive" to exclude the word.

IV. In Regulations on procedure for submission of information to the bureau of credit histories and issues of the credit report approved by the Resolution of the National commission on the financial market No. 8/15 of February 26, 2009. (The official monitor of the Republic of Moldova, 2009, No. 86-88, to the Art. 363) registered in the Ministry of Justice of the Republic of Moldova at No. 671 of April 17, 2009 to make the following changes and additions.

1. In all text of the Provision:

1) change belongs only to option in state language;

The words "digital signature" in all grammatical forms shall be replaced with words 2) "digital signature" in the corresponding grammatical form.

2. In Item 2:

1) words of "means of the digital signature" to exclude;

2) the text "The law No. 264-XV of July 15, 2004. "About the electronic document and the digital signature" to replace with the text "The law on the digital signature and the electronic document No. 91 of May 29, 2014".

3. In the subitem 2) of Item 3, shall be replaced with words words of "the subject of credit history" "the physical person - the subject of credit history".

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