34. Regulation of the Federal Minister of finance about the terms and conditions of the corporate service portal (USP use condition regulation USP-NuBeV)
On the basis of § 3 para 1 of the corporate service portal Act (USPG), Federal Law Gazette I no. 52/2009, last amended by Federal Law Gazette I no. 144/2015, is prescribed:
General terms and conditions
§ 1. The regulation lays down the terms and conditions for participants in accordance with § 5 par. 1 and 2 USPG for
1 access to applications in the corporate service portal (USP) under www.usp.gv.at, 2. the registration and administration in the USP, 3. the reporting infrastructure, and 4. the representation management of the USP, due diligence and intellectual property rights in the USP.
§ 2. Within the meaning of this regulation means:
1 USP-administrator/USP-administrator: a USP administrator/a USP administrator within the meaning of § 2 Z 7 USPG.
2. user/user: a user / a user in accordance with § 2 Z 3 USPG.
3. single authorised representative/individual representative authorised: one for a participant pursuant to § 5 para 1 USPG alone to represent authorised person in the company register in accordance with article 25, paragraph 1 Z 4 Federal Statistics Act 2000, Federal Law Gazette I no. 163/1999 as amended by Federal Law Gazette I no. 40/2014, as such is entered.
4. collective authorized representative/collective representation authorised: one for a participant pursuant to § 5 para 1 USPG in conjunction with one or more Kollektivvertretungsbefugten to the common representation authorised person, who in the company register in accordance with article 25, paragraph 1 Z 4 Federal Statistics Act 2000 as such is entered.
5. representation management: a function of the USP in the meaning of § 2 Z 8 USPG.
6-bound application: an application in the USP, which deployed USPG in the USP pursuant to § 4 paragraph 1 and was announced.
7. online application: a wrapped application when using user interface callable in the Internet communication takes place.
8 Web service: an integrated application of communication via data interface takes place. Access data for a Web service consist of a username/password combination and serve the authentication and identification of participants according to § 5 para 1 USPG Web services bound to the USP.
9 FinanzOnline access code: an affiliate ID (TID), a user identification (BENID) and a personal password (PIN) in accordance with § 1 para. 3 FinanzOnline Regulation 2006 (FOnV 2006), Federal Law Gazette II No. 97/2006, in the applicable version. FinanzOnline access identifiers are referred to as USP access IDs in order to participate in the USP.
§ 3 (1) the applications wrapped about the USP are by the respective participants in accordance with § 5 ABS. 2 USPG independently deployed and operated. The USP provides access to applications and is itself no application within the meaning of this regulation.
(2) entries, which are made in embedded applications, subject to the regulations of the respective applications. The respective terms and conditions apply to the use of the applications.
Registration and administration
4. (1) requirements for the participation of the USP is to define a USP administrator of USP administrator. This setting can participants, for the an Einzelvertretungsbefugte / an Einzelvertretungsbefugter is available at individual companies be or automatically through the USP; all other participants have a USP-administrator/one USP administrator to set during the registration in the USP.
(2) the registration of participants in accordance with § 5 par. 1 Z 1 USPG (company) and § 5 para 1 2 USPG (party party representatives) in the USP can be Z
1. by Einzelvertretungsbefugte or individual entrepreneurs/self-employed using the citizen card function in all its technical implementation, in particular smart card or mobile signature, or existing FinanzOnline access code;
2. by Kollektivvertretungsbefugte with the citizen card function in all its technical implementation, in particular smart card or mobile signature.
3. through already participants pursuant to § 5 para 1 registered Z 2 USPG (party party representatives), unless a power of attorney to the registration issued;
4. in FinanzOnline, if the individual or Kollektivvertretungsbefugten not have the citizen card function in all its technical implementation, in particular smart card or mobile signature;
5. by registration for FinanzOnline in accordance with § 3 FOnV 2006, if the registration according to Z 1 to 4 not is possible.
(3) that paragraph 2 is registration according to Z 2-4 only after entering the unlock codes, which completes law of delivery, BGBl. No. 200/1982, to the participant pursuant to § 5 para 1 to deliver USPG on own behalf pursuant to § 21.
(4) the registration of participants according to § 5 para 1 3 USPG (natural persons) in the USP can Z by company founder the founder or ICT consolidation Act, Federal Law Gazette I no. 35/2012, shall be made the party the party pursuant to § 5 para 2. The registration can be either using the citizen card function in all its technical implementation, in particular smart card or mobile signature, or, if one does not exist, by means of FinanzOnline access code be made.
(5) requirement for a computer-assisted registration pursuant to par. 2 Z is 1 to 3, that registered in the company register according to § 25 Federal Statistics Act 2000 powers of representation and identity characteristics registered in the company register (§ 2 Z 1 E-Government Act, Federal Law Gazette I no. 10/2004) allow an automated processing.
(6) the FinanzOnline access code can be used only Nos. 1 and 4 for the registration referred to in paragraph 2, if he allows for automated processing so provided the unique identification according to § 2 Z 2 E-Government Act.
(7) the participant pursuant to § 5 para 1 USPG has, if the registration is not done by a person with a single representation for the self-administration or legally prescribed internal decision-making process for the purpose of registration in the USP and determining associated USP administrator/USP administrator to provide.
5. (1) a USP administrator/a USP-administrator is a user / a user who for the participants in accordance with § 5 para 1 can perform USPG in particular the following tasks:
1 create, modify, lock and delete and granting permissions of users and other administrators/USP administrators USP;
2. the creation and support of access data for Web services and their permissions.
(2) a USP administrator/a can transfer other USP administrators/USP administrators all or tasks referred its parts in para 1 USP-administrator.
6. (1) a user a user may in accordance with the applicable legislation according to their / its permissions granted by the USP-administrator the USP-administrator for the participant pursuant to § 5 para 1 USPG take in particular the following tasks:
1. managing a) of agency management, b) the roles and privileges for users and c) access data for Web services;
2. the active are in the applications available through the USP also bound for future applications. The available rights are set by the respective application itself;
3. with regard to the reporting infrastructure the tasks referred to in article 8, paragraph 1 and 2;
4. the termination of participation at the USP in accordance with § 7.
(2) a prerequisite for the exercise of the tasks referred to in paragraph 1 by users is that their / his identity is electronically detected and thus a binding between her / his user account and its person exists (personalization).
(3) the user / users can register with the USP access code or with the citizen card function in all its technical implementation, in particular smart card or mobile signature.
Termination of participation in the USP
§ 7. The participant pursuant to § 5 para 1 USPG can participate in the USP electronically via the USP finish.
Reporting infrastructure and agency management
8. (1) the reporting infrastructure can USPG technically allow participants pursuant to § 5 para 1 to create in accordance with legislation to be applied for the application requests and messages to authorities, (-) to cache to delete cached designs and submit electronically. An electronic transmission is only possible if the authorities shall have the respective technical requirements. Before the electronic transmission, USPG are by the participant pursuant to § 5 para 1 to review the records and the choice of the authority and, if necessary, to update.
(2) the USP can automatically new applications and communications with those data before filling, which (intermediate) stored by the participant pursuant to § 5 para 1 USPG were in requests or communications. The review and update requirement of the data referred to in paragraph 1 shall apply mutatis mutandis.
(3) the participant pursuant to § 5 para 1 USPG already sent applications and notifications in the notification infrastructure deletes this deletion causes no withdrawal of the respective application or the relevant communication to the respective authority.
9. (1) the function of representation management can USPG technically allow USPG participants pursuant to § 5 para 1 to another participant in accordance with article 5, paragraph 1 after defined under legislation to be applied for the application in the applications included in the USP and access to the deposited powers enables other applications, for which to work.
(2) which registered a power of representation for a participant pursuant to § 5 para 1 USPG in Agency management of the USP can be done through
1. participants pursuant to § 5 para 1 Z 2 USPG (counsel/party representatives) for acts of representation, where within their professional rules citing the authority replaced the documentary evidence;
2. the participant pursuant to § 5 para 1 USPG itself;
3. a participant pursuant to § 5 para 2 USPG, if that previously a USPG in him by the participant pursuant to § 5 para 1 participant in accordance with article 5, paragraph 1 Z is power of attorney granted 2 USPG (counsel/party representatives).
(3) the entries in the Agency management of the USP in accordance with paragraph 2 are by the participants, which made the entry or are due to the registration, currently maintain especially if the underlying authority restricted, extended or revoked was.
All entered data are section 10 (1) to check USPG before release on completeness and accuracy of the participant in accordance with article 5, paragraph 1. Data sharing should occur only if there is a secure connection to the USP. Each participant pursuant to § 5 para 1 USPG has to make sure that devices which are accessed the USP, not the technical equipment (hardware, software) of USP or the participant pursuant to § 5 para 2 damaging USPG influences in particular computer viruses, go out.
(2) the participants in accordance with § 5 para 1 USPG is obliged to maintain secrecy with regard to all access data and has to 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 refrain from. Loss of access data or required tools and if you suspect that an unauthorized person access data has become aware, the participant pursuant to § 5 para 1 shall immediately cause USPG whose lock.
(3) passing the affiliate ID for the purpose of granting appropriate user identifications to other persons is allowed in the own responsibility of the participant, but have the persons so entitled may not be on same due diligence obligations, in particular the user ID and personal password (PIN). The participant must assign each user ID of only a natural person.
(4) each participant pursuant to § 5 para 1 USPG has to ensure that
1. always a USP administrator/a USP administrator for him is named, 2. all for him make USP administrators/USP administrators and users in relation to all them allocated roles and rights internally and in accordance with the legislation applicable to the respective application authorized are, 3. in the event that the authority granted by him is terminated or action power goes out, this to ensure , that more access for the participants on the USP be avoided, 4. the USP administrators/USP administrators acting for him and users of the provisions of this regulation in amended having regard to be used and he all rights arising from this regulation and obligations a USP administrators/USP administrators and users via binds 5. all for him and stands for their actions.
(5) the exclusion of a participant pursuant to § 5 para 3 can USPG single USP administrators/USP administrators and users are restricted and can also occur if upload harmful content in accordance with article 11, paragraph 1.
Intellectual property rights
§ 11 (1) in the USP can texts and the like for the participant in accordance with article 5, paragraph 1, USPG has a corresponding right of use, are uploaded by users of company logos, pictures. No rights to the respective products, names or the related intellectual property rights are transferred through this delivery. Harmful content must not be uploaded the reputation of the Federal Ministry of finance.
(2) the participant pursuant to § 5 para 1 USPG is solely responsible that only such content be uploaded within his sphere, he is entitled to the use, distribution and publication.
Entry into force
§ 12. This Regulation shall enter into force the day following the announcement.