LAW OF TURKMENISTAN

On March 14, 2020 No. 226-VI

About the electronic document, electronic document management and digital services

This Law determines legal status of electronic documents, electronic document management and digital services, the main requirements imposed to them and is directed to regulation of the relations arising in this area.

Chapter I. General provisions

Article 1. The basic concepts applied in this Law

For the purposes of this Law the following basic concepts are applied:

1) the addressee – physical person or legal entity (the receiver of the electronic document) addressed to which the electronic document is directly sent;

2) system one window – consolidation of different types of digital services in one place;

3) the electronic message – the data transferred or received by the user of information and telecommunication network;

4) electronic information – the information created on information technologies and provided in digital form;

5) the electronic medium of information (further – the electronic medium) – the material carrier intended for record and storage of information by means of information technologies;

6) electronic information system – set of the equipment, program, the software and hardware, methods and procedures applied to creation, processing, sending, transfer, obtaining, storage, use, protection, updating, search, collection, distribution, blocking and destruction of electronic information;

7) the electronic document – the document prepared for the purposes of this Law in electronic form on the basis of information technologies, having content, provided in electronic and digital form on the electronic medium in which information is fixed in the form of electronic data and which authenticity is certified by means of the digital signature;

8) electronic document management – set of the automated processing, sendings, transfers, obtaining, storages, uses, protection, updating, search, collection, distribution, blocking and destruction of electronic documents with use of information technologies and systems of telecommunication communication;

9) the intermediary in electronic document management (further – the intermediary) – the physical person or legal entity which at the request of other subjects of electronic document management sends receives or stores electronic documents and (or) data messages, renders other services concerning the electronic document with use of means of telecommunication communication;

10) the author of the electronic document – the physical person or legal entity which constituted or on behalf of which the electronic document with use of electronic technical means is constituted;

11) the original of the electronic document – the document certified by the digital signature of the authorized person on assurance of this document, created initially in the form of the electronic document and which does not have the preliminary original on paper;

12) the sender of the electronic document – the physical person or legal entity specified in details of the electronic document and sending the electronic document to the addressee;

13) integrity of the electronic document – the property of the electronic document determining that changes and (or) additions were not made to the electronic document;

14) authenticity of the electronic document – the property of the electronic document determining that the electronic document is signed by the valid digital signature (digital signatures);

15) the copy of the electronic paper document – the paper document which is completely reproducing information and details of the electronic document certified by the digital signature, and certified by person having powers on assurance of this document;

16) the digital signature – the sequence of the electronic and digital symbols which are detail of the electronic document, received as a result of certain cryptographic transformation of preliminary data with use of personal key of the digital signature and allowing to confirm accessory, authenticity and integrity of this information when using open key of the digital signature;

17) personal key of the digital signature – the parameter of cryptographic algorithm of forming of the digital signature representing the sequence of the electronic digital symbols intended for creation of the digital signature with use of means of the digital signature which is known and available only to the signing person;

18) the owner of personal key of the digital signature – the physical person or legal entity having key of the digital signature legally;

19) open key of the digital signature – the parameter of cryptographic algorithm of forming of the digital signature representing the sequence of electronic digital symbols, corresponding to certain personal key of the digital signature available to all interested persons and intended for confirmation of authenticity of the digital signature in the electronic document;

20) the user of open key of the digital signature – the physical person or legal entity using open key of the digital signature;

21) the registration certificate (certificate) on open key of the digital signature (further – the certificate) – the paper document or the electronic document issued by the center of registration and the certificate of the digital signature for check of authenticity of the digital signature and identification of the owner of the digital signature according to provisions of this Law;

22) check of authenticity of the digital signature – the sequence of actions in case of which person who received the electronic message signed by the digital signature and open key of signatory person can determine: whether this message was signed with use of the personal key of the digital signature corresponding to open key of the digital signature of signatory person and whether preliminary data after creation of the digital signature were changed;

23) means of the digital signature – cryptographic means by means of which one or several functions are implemented (creation of the digital signature, verification of the digital signature, creation of personal key or open key of the digital signature) and having the certificate of conformity or the certificate of recognition of the certificate issued by rules of system of certification of Turkmenistan;

24) the center of registration and the certificate of the digital signature – the legal entity having competences to the certificate of compliance of open key of the digital signature to personal key of the digital signature of person, to whose name the certificate, the edition, distribution, storage of certificates and certificate revocation lists, and also confirming reliability of the certificate is issued;

25) the signing person – the person who legally is owning personal key of the digital signature and having rights of its use for imposing of the digital signature on electronic documents on its own behalf or on behalf of physical person or legal entity which it represents;

26) the electronic copy of the paper document – the electronic document which is completely reproducing information and details of the relevant document on paper and certified by the digital signature of person having powers on assurance of this document;

27) enterprise information system – information system which participants are certain persons;

28) digital services – the services rendered with use of electronic information systems, information and telecommunication networks and electronic transactions;

29) the certificate holder – physical person or legal entity addressed to which the certificate is issued, legally owning the personal key of the digital signature corresponding to the open key of the digital signature specified in the certificate;

30) information on private life (further – personal data) – any data relating to the physical person determined or determined based on such data, fixed on electronic, paper or other material medium;

31) time seal – the designation of date and time connected with the digital signature of person bringing this designation, in case of modification, performed by competent person on the electronic data signed by the digital signature (including the center of registration and the certificate of the digital signature) and certified by its digital signature.

Article 2. Legislation of Turkmenistan on the electronic document, electronic document management and digital services

The legislation of Turkmenistan on the electronic document, electronic document management and digital services is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan.

Article 3. Coverage of this Law

1. Operation of this Law extends to the relations arising during creation, processing, sending, transfer, obtaining, storage, use, protection, updating, search, collection, distribution, blocking and destruction of electronic documents and in connection with digital services.

2. This Law regulates electronic document management and the performed digital services in the state and non-state information systems.

3. Operation of this Law extends to public authorities and local government bodies, other legal entities and physical persons.

4. Operation of this Law does not extend on:

1) the electronic documents comprising the data which are the state secrets;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info