34. Ordinance of the Federal Minister of Finance on the Terms of Service of the Company Service Portal (USP-Terms of Use Regulation-USP-NuBeV)

On the basis of § 3 (1) of the Corporate Service Portal Act (USPG), BGBl. I n ° 52/2009, as last amended by the BGBl Federal Act. I No 144/2015, shall be arranged:

Section 1

General provisions

Subject matter

§ 1. The Regulation sets out the conditions of use for participants pursuant to § 5 (1) and (2) USPG for

1.		access to applications included in the Enterprise Service Portal (USP) at www.usp.gv.at,
2.		the registration and administration in the USP,
3.		the reporting infrastructure and
4.		The representative management of the USP
as well as due diligence and intellectual property rights in the USP.

Definitions

§ 2. For the purposes of this Regulation:

1.		USP Administrator/USP Administrator: a USP administrator/USP administrator in the sense of § 2 Z 7 USPG.
2.		User/User: a user in the sense of § 2 Z 3 USPG.
3.		Single representative/individual representative: a person authorized to represent a participant in accordance with § 5 paragraph 1 USPG alone, who is in the business register according to § 25 paragraph 1 Z 4 Federal Statistics Act 2000, BGBl. I n ° 163/1999, as amended by the BGBl version. I No 40/2014, as such.
4.		Collective representative/collective representative: a person authorized to jointly represent a participant in accordance with § 5 (1) USPG in connection with one or more collective representatives who are authorised to represent them in the company register in accordance with § 25 Paragraph 1 Z 4 of the Federal Statistics Act 2000 is registered as such.
5.		Representative management: a function of the USP within the meaning of § 2 Z 8 USPG.
6.		federated application: an application in the USP which has been made available and made available in the USP according to § 4 paragraph 1 USPG.
7.		Online application: a federated application in which communication takes place via Internet callable user interfaces.
8.		Web service: a federated application that is used to communicate through data interfaces. Access data for a web service consist of a user name/password combination and are used for the authentication and identification of subscribers in accordance with § 5 paragraph 1 USPG with Web services integrated into the USP.
9.		Financial online access identifier: a subscriber identification (TID), a user identity (BENID) and a personal password (PIN) according to § 1 paragraph 3 of the Financial Online Regulation 2006 (FOnV 2006), BGBl. II No 97/2006, as amended. Financial online access identifiers are referred to as USP access identifiers in the context of participation in the USP.

Demarcation

§ 3. (1) The applications included in the USP will be provided and operated by the respective participants in accordance with § 5 paragraph 2 USPG. The USP provides access to applications and is itself not an application within the meaning of this Regulation.

(2) Inputs that are made in federated applications are subject to the legal requirements of the respective applications. The terms of use apply to the use of the applications.

(3) From the Federal Minister for Finance, the applications included in the USP and the relevant participants pursuant to § 5 (2) (2) (1) and (2), as well as information on usage and service times, will be available on the Internet at www.usp.gv.at. published.

Section 2

Registration and administration

Registration

§ 4. (1) The requirement to participate in the USP is the establishment of a USP Administrator/a USP Administrator. This can be determined in the case of participants for which an individual representative or a single representative is present or automated by the USP for individual companies; all other participants have a USP administrator/ To set the USP administrator during the registration process in the USP.

(2) The registration of participants according to § 5 paragraph 1 Z 1 USPG (company) and § 5 paragraph 1 Z 2 USPG (party representatives/party representatives) in the USP may take place

1.		by individual representatives or individual entrepreneurs by means of the Citizen Card function in all their technical implementations, in particular smart card or mobile phone signature, or existing financial online access identification;
2.		by empowered by collective representation with the function Citizen Card in all its technical implementations, in particular chip card or mobile phone signature;
3.		by already registered participants in accordance with § 5 paragraph 1 Z 2 USPG (party representatives/party representatives), provided that a power of attestation has been granted for registration;
4.		in FinanzOnline, if the individual or collective representatives do not have the function Bürgerkarte in all their technical implementations, in particular chip card or mobile phone signature;
5.		by registering for Financial Online in accordance with § 3 FOnV 2006, if registration according to Z 1 to 4 is not possible.

(3) The registration pursuant to Section 2 (2) (2) (2) to (4) shall only be registered after the activation code has been entered, which is to be owned by Handen in accordance with Section 21 of the Delivery Act, BGB No 200/1982, to be sent to the participant pursuant to § 5 para. 1 USPG.

(4) The registration of participants in accordance with § 5 paragraph 1 Z 3 USPG (natural persons) in the USP may be registered by the company's founder or the contract partner according to § 5 paragraph 2 ICT consolidation act, BGBl. I No 35/2012. The registration can be carried out either by means of the Citizen Card function in all its technical implementations, in particular chip card or mobile phone signature, or, if such is not present, by means of a financial online access identifier.

(5) The prerequisite for an automatic registration according to paragraph 2 (2) (2) to (3) is that, in accordance with Section 25 of the Federal Statistics Act 2000, registered powers of representation and identity features registered in the business register are registered in the company register. (§ 2 Z 1 E-Government-Law, BGBl. I n ° 10/2004) allow automated processing.

(6) The financial online access identifier can only be used for the registration pursuant to Section 2 (2) (1) and (4) if the verification of the unique identity provided for in accordance with § 2 Z 2 E-Government-Gesetz allows automated processing.

(7) The participant in accordance with § 5 paragraph 1 USPG has, if the registration is not carried out by a person with individual representation authority, for the statutory or legally required internal will formation for the purpose of registration in the USP and the to establish the USP Administrator's/USP Administrator's related definition.

Administration

§ 5. (1) A USP Administrator/A USP administrator is a user/user who can perform the following tasks, in particular for the participant in accordance with § 5 paragraph 1 USPG:

1.		creating, modifying, locking, and deleting, and granting user/user and other USP administrator/USP administrator rights;
2.		the creation and maintenance of access data for Web services and their permissions.

(2) A USP Administrator/USP Administrator can transfer all or parts of his/her tasks as referred to in paragraph 1 to other USP Administrator's/USP administrators.

User/User

§ 6. (1) A user may, in accordance with the applicable law, in accordance with his/his rights granted by the USP Administrator/USP Administrator, in accordance with § 5 paragraph 1 USPG, in particular the following Perform tasks:

1.		the administration
a)			the management of representation,
b)			the roles and rights for users and
c)			of access data for web services;
2.		the action in the applications for applications available through the USP as well as for future-bound applications. The rights available shall be determined by the respective application itself;
3.		with regard to the reporting infrastructure, the tasks referred to in Article 8 (1) and (2);
4.		the termination of participation in the USP pursuant to § 7.

(2) The prerequisite for the performance of the tasks in accordance with paragraph 1 by users is that their identity has been electronically detected and thus a binding exists between ihrem/his user account and his/his person. (personification).

(3) The user/user can log in with the USP access identifier or with the function Citizen Card in all their technical implementations, in particular smart card or mobile phone signature.

Termination of participation in the USP

§ 7. The participant in accordance with § 5 paragraph 1 USPG may terminate participation in the USP electronically via the USP.

Section 3

Reporting infrastructure and representation management

Reporting infrastructure

§ 8. (1) The reporting infrastructure may make it technically possible for participants in accordance with § 5 (1) USPG to submit applications and communications to authorities in accordance with the legislation applicable to the respective application, (between-) to be used; to delete and transmit electronically stored drafts. Electronic transmission is only possible if the authorities have the relevant technical conditions. Prior to the electronic transmission, the selection of the authority and the data must be checked and, if necessary, updated by the participant in accordance with Article 5 (1) of the USPG.

(2) The USP may provide automatic support for new applications and communications with the data stored in applications or communications (between-) by the participant in accordance with § 5 paragraph 1 USPG. The obligation to verify and update the data referred to in paragraph 1 shall apply mutationally.

(3) If any applications and communications in the reporting infrastructure have already been deleted by the participant in accordance with Section 5 (1) of the USPG, this deletion shall not result in any withdrawal of the respective application or of the respective notification at the respective authority.

Representation Management

§ 9. (1) The representative management function may technically allow participants in accordance with § 5 (1) USPG in accordance with § 5 (1) USPG in accordance with the legislation applicable to the applicable application in the USP Applications and other applications for which access to the deposited powers will be allowed to operate.

(2) The registration of a power of representation for a participant in accordance with § 5 paragraph 1 USPG in the representative management of the USP can be carried out by

1.		Participants according to § 5 paragraph 1 Z 2 USPG (party representatives/party representatives) for acts of representation in which, within the scope of their professional regulations, the appeal to the full power replaces the documentary evidence;
2.		the participant in accordance with § 5 (1) USPG itself;
3.		a participant in accordance with § 5 paragraph 2 USPG if he has previously been granted full power by the participant in accordance with § 5 paragraph 1 USPG to a participant in accordance with § 5 paragraph 1 Z 2 USPG (party representative/party representatives).

(3) The entries in the representative management of the USP pursuant to paragraph 2 shall be kept up-to-date by the participants who have made the registration or are active on the basis of the registration, in particular if the underlying power of attestations is restricted, has been extended or revoked.

Section 4

Duty of care

Duty of care

§ 10. (1) All data entered is to be checked for completeness and correctness by the participant in accordance with § 5 paragraph 1 USPG before release. The data release can only be done if there is a secure connection to the USP. Each participant in accordance with § 5 paragraph 1 USPG shall ensure that any equipment through which access to the USP takes place does not affect the technical equipment (hardware, software) of the USP or the participants in accordance with § 5 paragraph 2 USPG harmful influences, in particular, computer viruses.

(2) The participant in accordance with § 5 paragraph 1 USPG shall be obligated to maintain confidentiality in respect of all access data and shall ensure that unauthorised third parties do not have access to the respective access data and any necessary tools such as Smart card or mobile phone SIM card. In particular, a common storage is to be prevented. In the event of loss of access data or necessary tools, as well as the suspicion that an unauthorized person has become aware of the access data, the participant has to immediately arrange for the lock to be locked in accordance with § 5 paragraph 1 USPG.

(3) The transmission of the subscriber identification for the purpose of granting appropriate user identities to other persons is permitted in the subscriber's own area of responsibility, but the persons entitled to do so shall have the same persons. Due diligence obligations, in particular, the user identification and the personal password (PIN) must not be passed on. The participant may assign each user identity only to one natural person.

(4) Each participant in accordance with § 5 paragraph 1 USPG shall ensure that:

1.		is always a USP administrator/USP administrator named for him,
2.		all USP administrator/USP administrators who are working for him/users in relation to all roles and rights assigned to them in relation to their internal relations and in accordance with the legislation applicable to the application in question empowered,
3.		in the event that the authority he has issued is terminated or the power of action is cancelled, to ensure that further accesses for the participant to the USP are not allowed,
4.		the USP Administrator's/USP administrators and users acting on behalf of him are informed of the provisions of this Regulation in the version in force, and
5.		He/she shall supersede all rights and obligations arising from this Regulation to all USP administrators and users who have been established for him/her and shall be responsible for the actions of such administrators.

(5) The exclusion of a participant in accordance with § 5 paragraph 3 USPG may be restricted to individual USP administrator/USP administrators and users/users and may also be carried out if any harmful content is uploaded in accordance with § 11 paragraph 1.

Intellectual property rights

§ 11. (1) In the USP, the user may upload company logos, pictures, texts and the like for which the participant has a corresponding right of use in accordance with § 5 paragraph 1 USPG. This transmission does not transfer any rights to the respective products, names or the associated intellectual property rights. Content that is detrimental to the reputation of the Federal Ministry of Finance must not be uploaded.

(2) The participant in accordance with § 5 paragraph 1 USPG is solely responsible for the fact that only such content is uploaded in its sphere of action, for its use, dissemination and publication it is entitled to use.

Section 5

Final destination

entry into force

§ 12. This Regulation shall enter into force with the day following the presentation.

Schelling