Regulatory development of the Law on Electronic Signatures
Posted by Manuel Casal | Section Regulations
In developing the Law 6/2009 on electronic signature adopted by the General Council on 29 December 2009, the Government has adopted two regulations: the Rules of accreditation of certification service providers in the case of qualified electronic signatures or recognized and R eglament organization and functioning of the National Accreditation Commission .
Regulation of accreditation of certification service providers in the case of qualified electronic signatures or recognized governing the accreditation of certification service providers in the case of qualified electronic signatures or the authorization of recognized organizations and of accreditation to the Principality of Andorra. The purpose of this Regulation is to achieve an adequate degree of safety, quality and reliability the provision of certification services and duly protect the rights of users to establish systems of accreditation of certification service providers. Accreditation is defined in this Regulation as it only affects voluntary organizations wishing to issue qualified certificates or recognized.
Regulation of organization and functioning of the National Accreditation Commission created the National Commission on Accreditation (CNAC), attached to the Presidency, as the administrative body of consultative and deliberative body should ensure that to achieve an adequate degree of safety , quality and reliability in providing certification services and to protect adequately the rights of users. The CNAC is responsible for issuing statements in favor of the preparation of accreditation bodies for certification service providers.
Full text:
Decree approving the Rules of accreditation of certification service providers in the case of qualified electronic signatures or recognized
Reason
On 29 December 2009, the Council approved the General Law 6/2009 on electronic signatures, which regulates electronic signatures and their effects in the field of business relations and public administration, and provision of certification services, and applies to providers of certification established in Andorra and the services provided by an establishment or an office open in Andorra.
Regulation of accreditation of certification service providers in the case of qualified electronic signatures or recognized regulates how organizations can demonstrate voluntarily that they offer qualified or recognized certificates and other associated services. To apply for accreditation to allow qualified certificates issued or recognized accreditation must follow the procedure defined in this Regulation.
The first chapter of this regulation defines the system of accreditation of service providers. The second chapter defines the entities and accreditation requirements to be met so enabled. The third chapter defines the process of accreditation of certification service providers.
As proposed by the Prime Minister, the Government at its meeting on 2 June 2010, approved the decree containing the following:
Sole Article
Approves the accreditation of certification service providers in the case of qualified electronic signatures or recognized, which comes into force the day after being published in the Official Gazette of the Principality of Andorra.
Rules of accreditation of certification service providers in the case of qualified electronic signatures or recognized
Chapter One. Accreditation system
Article 1 Purpose, subject and scope
1. This Regulation regulates the accreditation of certification service providers in the case of qualified electronic signatures or the authorization of recognized organizations and accredited to Andorra.
2. The purpose of this Regulation is to achieve an adequate degree of safety, quality and reliability in providing certification services and adequately protect users' rights to establish systems of accreditation of certification service providers.
3. Accreditation is defined in this Regulation as it only affects voluntary organizations wishing to issue qualified certificates or recognized.
Article 2 of Accreditation Bodies
The Government of Andorra is the body responsible for accrediting providers of certification services in the case of qualified electronic signatures or recognized, nominated by the National Accreditation Committee (CNAC) or other public or private entities enabled .
Chapter Two. Accreditation bodies
Article 3 of accreditation bodies
Are public or private entities that are authorized by the Government to issue a declaration in favor of a certification service provider so that the government prove.
Can act in the Principality of Andorra as entities of accreditation of certification service providers of public and private entities that have been published in the Official Gazette of the Principality of Andorra and the website of the CNAC.
Article 4 of the independence of accreditation bodies
The bodies of accreditation of certification service providers can not have a dependent relationship with service providers or the manufacturers or importers of electronic signature products that requested the intervention in the process of accreditation or certification .
Article 5 Application for Accreditation of clearance organizations
1. The entity that is interested in being recognized must complete the official application "Application for Accreditation of clearance organizations of providers of electronic signature" with reference number T002-A2, addressed to the Government and deliver it to the Government Service Procedures.
2. The application has been referred to enclose:
a) The regulations of the organization, the internal regulations and any other text that governs the operation.
b) The names, surnames and positions of the directors of the entity and members of the board or governing bodies.
c) The names, surnames and qualifications of the personnel of the entity that participates in the evaluation process.
d) A description of the activities of the organization, structure and technical resources.
e) The procedures and description of the material that the body will use to evaluate the electronic certification service providers to recognize the qualification.
3. The Government of Andorra can request the information you need and can carry out checks on the premises of the applicant entity.
Article 6 Report enabling the accreditation bodies
After studying the application and accompanying documentation, the CNAC report prepared by the Government to take a reasoned decision as a resolution and inform the applicant entity with the delivery of A copy of the report.
Article 7 Minimum requirements for accreditation bodies enabled
1. The rating given for the accreditation of service providers if the accreditation body is capable enough to carry it out.
2. The accreditation bodies are enabled to meet the minimum requirements set out below:
a) The organization and its staff should be able to assess the compliance of electronic signature certificates and electronic signature service providers with the requirements defined in the current applicable law on electronic signatures, with a high level of professional integrity, reliability and technical competence sufficient.
b) The entity must demonstrate that it has at least two technicians to carry out the tasks of accreditation. The minimum qualifications and skills that these people must have are:
and. Technical engineering in university first cycle or computer.
ii. CISA (Certified Information Systems Auditor) and CISM (Certified Information Systems Manager), awarded by ISACA (Information Systems Audit and Control Association), or equivalent qualification that proves expertise in the field of electronic certification service.
Article 8 Obligations of accreditation bodies enabled
1. While the authorization remains in effect, enabled the accreditation bodies are required to maintain at all times, the requirements under which they obtain the qualification and notify any change of the data specified in Article 5 this Regulation.
2. The CNAC can make appropriate controls to ensure that organizations meet accreditation requirements.
Article 9 Validity of ratings
The scope of accreditation bodies of certification service providers have a validity period of 5 years.
Article 10 Termination of ratings
1. The rating of the accreditation body can be extinguished for the following reasons:
a) The deadline by which it was granted.
b) The express waiver of the party.
c) The cessation of the activity of the accreditation body.
2. The extinction of enabling the Government of Andorra declares that after the representative of the entity may submit the allegations within a period of one (1) month.
Chapter Three. Accreditation of providers serves Certification
Article 11 Meaning of service provider certification
Certification service providers are individuals or legal entities that issue certificates to the public or provide other services related to electronic signatures as of the date and time of allocation, the directory or file electronic documents.
Article 12 Accreditation of service providers to issue certificates to the public
1. Providers of electronic signature certification services who wish can apply for accreditation for one or more services related to electronic signatures.
2. For accreditation of providers that issue qualified certificates to the public or recognized, demanded the fulfillment of the obligations established in the current applicable law on electronic signatures, and thus carry out the checks required for certification service providers and their certificates contain the information included in the Act.
3. An electronic certification service provider that demands to be recognized as a qualified entity shall submit an accreditation enabled the documentation defined in this Regulation in order to evaluate their ability to issue certificates or qualified to make a statement their favor on that ability.
4. The lender is required to submit to the accreditation bodies enabled all the elements necessary for the proper performance evaluation procedure.
5. The evaluation process enabled organizations accreditation does not imply accreditation by the Government of Andorra.
Article 13 Requirements for accreditation of providers of electronic signature
The granting of accreditation by the Government of Andorra requires a favorable statement of the institution accreditation enabled.
The statement should describe for the procedure and rules to be applied to create it, and the results of tests performed.
Article 14 Requirements for accreditation of providers of services related to electronic signatures, other than the issuance of certificates
1. The granting of accreditation by the Government of Andorra requires a favorable statement of accreditation bodies enabled.
2. Service providers that provide some other service related to electronic signatures as of the date and time of allocation, the directory or file electronic documents, can apply for accreditation for these services. Accreditation is granted if, in accordance with the declaration in favor of accreditation issued by entities empowered, develop activities with a sufficient degree of reliability.
Article 15 Application for accreditation
1. The service provider who is interested in obtaining accreditation must complete the official application "Application for accreditation of providers of electronic signature" with reference number T001-A2 led to the government.
2. The application has been referred to enclose:
a) the prior statement of certification practices, including the warranties and obligations of lenders, as required by the Law on Electronic Signatures in force;
b) the information required by the Electronic Signatures Act in force in relation to service providers that issue qualified certificates or recognized;
c) a statement of support issued by accreditation bodies enabled.
Article 16 Resolution of the accreditation body
If the Government, after studying the application and documentation submitted, considers that the procedures or standards applied are appropriate, resolved favorably or unfavorably and shall publish the accreditation of certification service providers in the Official Gazette of Principality of Andorra. Otherwise, the government informs the service provider, through a resolution, which does not meet standards or procedures for the accreditation procedure may be accepted.
Article 17 Content and validity of the accreditation
1. The resolution for which accreditation is granted to the service provider must maintain, at all times, the requirements under which achieved accreditation.
2. The accreditation is valid for three years. When due, may be renewed for the same period, provided that is found by a favorable report from an accreditation organization enabled, the lender continues to fulfill the conditions required for accreditation.
Which is published for general knowledge.
Andorra la Vella, 2 June 2010
James Bartumeu Cassany
Head of Government
Decree approving the Rules of organization and functioning of the National Accreditation Commission
Reason
Chapter 7 of Act 6/2009 on electronic signature adopted by the General Council on 29 December 2009, states that the Government, through the body as determined by regulatory proceedings, must ensure that service providers Certification to issue electronic certificates to the public comply with the obligations established in the Act. In fulfilling this mandate, the government approves the Internal Regulation of organization and functioning of the National Accreditation Committee (CNAC). In this sense, regulate the composition, powers, internal organization and procedure of the Commission to carry out the mission entrusted to him legally.
As proposed by the Prime Minister, the Government at its meeting on 2 June 2010, approved the decree containing the following:
Decrees
Sole Article
The Regulation of organization and functioning of the National Accreditation Commission, which shall enter into force the day after being published in the Official Gazette of the Principality of Andorra.
Regulation of organization and functioning of the National Accreditation Commission
Article 1 Definition
1. It creates the National Accreditation Commission (CNAC), attached to the Presidency, as the administrative body of consultative and deliberative body should ensure that to achieve an adequate degree of safety, quality and reliability in providing certification services and to protect duly user rights.
2. The CNAC is responsible for issuing statements in favor of the preparation of accreditation bodies for certification service providers.
Article 2 Membership
The CNAC is composed of five members, all representing the Government. The CNAC members appointed by the Government for a period of four years, are:
a) A person designated by the head of government.
b) The Director of the Economics Department of the ministry in charge of the economy.
c) The director of the department in charge of information systems.
d) The manager responsible for security of information systems.
e) A Secretary appointed by the Prime Minister.
Article 3 President
1. The president of CNAC lies in the person of higher position within the Commission or directors elected by members of the Commission.
2. The functions of the President are:
a) Represent the Commission.
b) Convene, establish the agenda and chair the sessions.
c) dissolving the ties with their vote.
d) To sign the minutes, certification of agreements, reports, permits and inspection reports.
Article 4 Vice
1. The vice president of CNAC relies on the director of the Ministry of Economy Ministry in charge of the economy.
2. The functions of the Vice President are:
a) Substitute the President in the absence of disease or any other cause that prevents the exercise of their functions.
b) the office and take care of matters delegated by the President.
Article 5 Secretary
1. The secretariat of the technical and administrative CNAC assists the Commission.
2. The functions of the Secretary are:
a) Extending the minutes of the meetings of the Commission, sign them and submit them to the approval of the President.
b) Submit an annual report to the CNAC on the functioning of the Commission.
c) Any other functions entrusted to the president.
Article 6 Competencies
1. The Commission has primary jurisdiction to issue reports to the Government on matters referred to the Law on Electronic Signatures.
2. Issued to the Government proposals for clearance of accreditation bodies public or private providers of certification services.
3. Issued statements in favor of accreditation of certification service providers.
4. They are also responsibilities of the Committee:
a) Propose to the Government's approval or amendment of the Rules of organization and functioning of the National Accreditation Commission.
b) Make tasks of supervision and control of the evaluators of certification service providers and service providers of certification, disciplinary proceedings and instruct.
c) Designate authorized officers and supervisors who can accompany them on inspections.
d) Designate the officers of sanctioning instructors.
e) To adopt the necessary precautionary measures.
f) Resolve disciplinary proceedings involving an offense considered mild or severe.
g) To propose to the Government, for publication in the Official Gazette of the Principality of Andorra, the list of technical standards for the accreditation procedure and the relationship of public and private organizations empowered to accredit certification service providers wishing to operate the Principality of Andorra.
h) Post on its website the list of technical standards for the accreditation procedure and the relationship of public and private organizations empowered to accredit certification service providers wishing to operate in the Principality of Andorra.
i) Others as assigned by law.
Article 7 Internal Organization
1. The Commission may establish subcommittees and working groups to prepare the matters about which report is later.
2. The Committee, subcommittees and working groups may be constituted seek the advice of technical experts.
Article 8 Sessions
1. The sessions of the Commission announces the President at least five days, indicating the date, place and time of the meeting and the agenda. The call may include the provision of a second round of the session.
2. The president sets the agenda of the session. Before convening the relevant meeting, three members of the Commission may request the President to include the subject matter on the agenda.
3. You can not deliberate, vote or deliberate on matters not included in the agenda of the meeting unless all members are present and the Commission will also decide unanimously.
4. For the establishment of a valid meeting of the Committee must be present three members, among whom there must be at least, the president or vice president.
5. The Secretary Minutes of the meetings, which indicates the date, time and place of the meeting, the agenda, attendees, the agreements and the main issues to be deliberated. The minutes of the meeting must be approved by the Commission at a subsequent meeting, and must be signed by the president.
Article 9 Board decision
1. The Commission decides by simple majority of its members.
2. In case of tie, the president dissolved the vote.
3. The members who disagree with the resolutions adopted may be recorded in the minutes and the discrepancy may be attached to agreements dissenting votes.
Article 10 Procedure for issuing reports and opinions
1. After receiving the request for a report or opinion, the President went to all members of the Commission, within three working days and once heard the vice president, appointed a committee.
2. The speakers presented the draft report or opinion within ten working days of their appointment. The president, when the nature of the case requires it, may extend this period up to ten working days. In an emergency, this period may be reduced to five days.
3. The draft report or opinion prepared by the speakers is distributed among the members of the Commission within three working days after delivery.
4. The draft report or opinion is subject to deliberation and approval by the Commission within a period not less than five nor more than fifteen working days, counting from the delivery.
5. In any case, the issue of the report or opinion held within two months of the application.
6. The Commission members who disagree can attach dissenting votes approved the reports and opinions. To this effect, have two days to deliver to the Secretary his dissenting vote, counting the time it shall be the final version of the report or opinion.
If it exceeds the maximum period of two months to issue the report or opinion, report or opinion sent to the applicant that requested by indicating that it has made one or more dissenting votes. The Secretary of the Commission sends to the applicant as soon as you receive them.
Which is published for general knowledge.
Andorra la Vella, 2 June 2010
James Bartumeu Cassany
Head of Government
