Usp Use Condition Regulation Usp-Nubev

Original Language Title: USP-Nutzungsbedingungenverordnung - USP-NuBeV

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34. Ordinance of the Federal Minister of Finance on the terms of use 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 assigned:

1. Section

General provisions

Subject

§ 1. The regulation goverts the conditions of use for participants pursuant to § 5 (1) and (2) USPG for

1.

Access applications bound in the Enterprise Service Portal (USP) under www.usp.gv.at,

2.

Registration and administration in the USP,

3.

the reporting infrastructure and

4.

Replacement Management of the USP

well as due diligence and immaterial 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 within the meaning of § 2 Z 3 USPG.

3.

Individual representative/authorized representative: one for a participant in accordance with § 5 (1) USPG alone to represent the authorized person, 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 n ° 40/2014, as such.

4.

Collective agency authorized/collective representative: one for a participant in accordance with § 5 1 USPG in conjunction with one or more authorized representatives of the collective representation authorized person who is registered as such in the business register in accordance with Section 25 (1) Z 4 of the Federal Statistics Act 2000.

5.

Representative Management: a function of the USP within the meaning of § 2 Z 8 USPG.

6.

federated application: an application in the USP that is provided in the USP according to § 4 paragraph 1 USPG and made known.

7.

Online application: a federated application that provides communication over the Internet callable user interfaces.

8.

Web service: a federated application in which communication through data interfaces . Access data for a web service consist of a user name/password combination and are used for authentication and identification of subscribers according to § 5 paragraph 1 USPG with web services included in the USP.

9.

Financial Online Access Identifier: a subscriber identity (TID), a user identity (BENID) and a personal password (PIN) according to § 1 paragraph 3 Financial Online Regulation 2006 (FOnV 2006), BGBl.  II No 97/2006, as amended. Financial online access identifiers are referred to as USP access identifiers as part of the USP participation.

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 each application. The use of the applications is subject to the respective terms of use.

(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 will be available on the Internet at www.usp.gv.at. for usage and service times.

2. Section

Registration and administration

Registration

§ 4. (1) The requirement to participate in the USP is to establish 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 in the context of the USP registration.

(2) The registration of participants in accordance with § 5 paragraph 1 Z 1 USPG (Company) and § 5 (1) Z 2 USPG (party representatives/party representatives) in the USP can be done

1.

by single agency authorized or individual entrepreneurs by function Citizen card in all of its technical implementations, in particular smart card or mobile phone signature, or existing financial online access identification;

2.

by collective representation empowered with the Citizen Card function in all its technical Transformations, in particular smart card or mobile phone signature;

3.

by participants already registered in accordance with § 5 paragraph 1 Z 2 USPG (Party representative/party representative), provided that a full power is granted for registration;

4.

in FinanzOnline, if the individual or collective representatives do not have the function Citizen card in all of its technical implementations, in particular smart card or mobile phone signature;

5.

by registering to Financial Online in accordance with § 3 FOnV 2006, if the registration according to Z 1 to 4 is not

(3) The registration pursuant to Section 2 (2) (2) to (4) shall only be registered after entering the activation code, which is to be owned by Handen pursuant to § 21 Delivery Act, BGBl. No 200/1982, which is to be sent to the participant in accordance with § 5 (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) A prerequisite for an automation-supported registration pursuant to Section 2 (2) (1) to (3) is that, in accordance with Section 25 of the Federal Statistics Act 2000, registered powers of representation and in the business register Registered identity (§ 2 Z 1 E-Government-Gesetz, 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) only if the proof of the unique identity provided for in accordance with § 2 Z 2 E-Government-Gesetz shall be used for the automated registration of the financial online access code. Processing allows.

(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 Enrollment in the USP and the associated USP Administrator/USP Administrator's definition.

Administration

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

1.

How to create, modify, lock, and delete, and to grant permissions to Users and other USP Administrator/USP Administrator;

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 their/their tasks as referred to in paragraph 1 to other USP Administrator's/USP administrators.

User/User

§ 6. (1) A user can, in accordance with the applicable legislation, be entitled to the privileges granted by the USP Administrator or the USP Administrator. For the participant in accordance with § 5 (1) USPG, in particular, perform the following tasks:

1.

Administration

a)

Representative Management,

)

roles and rights for users and users and

)

Access data for Web services;

2.

The action in the applications for the available USP as well as for future federated applications. Applications. The rights available are set by the application itself;

3.

with regard to the reporting infrastructure, the tasks in accordance with § 8 (1) and (2);

4.

The termination of participation in the USP according 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 between ihrem/his user account and is available to your person (personification).

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

Completion 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.

3. Section

Reporting Infrastructure and Representative Management

MeldeinInfrastructure

§ 8. (1) The reporting infrastructure may technically allow participants in accordance with § 5 (1) USPG, in accordance with the legislation applicable to the relevant application, and Create communications to authorities, (between-) store, delete cached drafts and submit them electronically. 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 can 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 verification and updating obligation of 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 communication with the respective authority.

Representative Management

§ 9. (1) The function of representation management may technically allow participants according to § 5 (1) USPG for other participants in accordance with § 5 (1) USPG in accordance with the conditions for the respective participants Application of applicable legislation in the applications included in the USP and other applications for which access to the deposited powers is made possible.

(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.

Participant pursuant to § 5 (1) Z 2 USPG (Party Representative/Party Representative) for Acts of representation in which, within the framework of their professional rules, the appointment to the full power is replaced by documentary evidence;

2.

The participant according to § 5 paragraph 1 USPG itself;

3.

A participant in accordance with § 5 (2) USPG, if he has previously been the participant in accordance with § 5 (1) USPG to a participant in accordance with § 5 paragraph 1 Z 2 USPG (party representatives/party representatives) granted power of authority.

(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 where the underlying has been restricted, extended, or revoked.

4. Section

Due Diligence

Due Diligence

§ 10. (1) All data entered is to be checked for completeness and accuracy 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 is 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 possible access data. have required aids such as a smart card or a mobile phone SIM card. In particular, a common storage is to be prevented. In the event of loss of the access data or necessary tools and in the event of suspicion that an unauthorized person has become aware of the access data, the participant shall immediately arrange for the lock to be held in accordance with Section 5 (1) USPG.

(3) The sharing of the subscriber identification for the purpose of granting appropriate user identities to other persons is permitted in the participant's own area of responsibility, but the persons entitled to do so shall have the right to Persons who have the same duty of care, in particular, the user identification and the personal password (PIN) must not be passed on. The participant is allowed to assign each user identity to only 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 it,

2.

All USP Administrator/USP administrators who are working for him/User in With regard to all the roles and rights assigned to them in relation to the internal relationship and in accordance with the legislation applicable to the application in question,

3.

for the case that the power of authority that it has granted is terminated or the power of action , to ensure that additional access to the USP is not available to the subscriber,

4.

The USP administrator/USP administrators who are acting on it and users of the provisions of this Regulation shall be notified in the version in force and

5.

All rights and obligations arising from this Regulation are all set up for him. USP administrator/USP administrators and user/users will be overbound and used for their actions.

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

Intellectual Property Rights

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

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

5. Section

Final Determination

Entry into force

§ 12. This Regulation shall enter into force with the day following the customer's notice.

Schelling