Bvwg Electronic Traffic Regulation-Bvwg-Evv

Original Language Title: BVwG-elektronischer-Verkehr-Verordnung – BVwG-EVV

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Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_II_515/BGBLA_2013_II_515.html

515th regulation relating to electronic transactions between Federal Chancellor and involved (BVwG-electronic traffic regulation BVwG EVV)

On the basis of § 21 ABS. 3 of the Federal Administrative Court Act - BVwGG, Federal Law Gazette I no. 10/2013, is prescribed:

Electronic transfer of pleadings and enclosures to pleadings

§ 1 (1) character sets and supplements to the pleadings may be filed electronically in the following ways:



1. in the way of electronic transactions;

2. about electronic delivery services according to the provisions of the 3rd section of the extra law - ZustG, Federal Law Gazette No. 200/1982;

3. in the ways of the electronic file.

4. in the way of a standardized interface function.

5. on the Web site www.bvwg.gv.at accessible electronic forms.

Fax and E-Mail are no allowable forms of electronic transfers of pleadings in this regulation.

(2) if lawyers, accountants or auditors not submit pleadings in electronic legal relations, they have to certify that the technical possibilities to participate in the electronic legal relations are not available in the input.

(3) side dishes to pleadings are to introduce separate attachments.

(4) written statements by authorities are an official signature (article 19 of the E-Government Act E-GovG, Federal Law Gazette I no. 10/2004) to provide.

(5) if written submissions and supplements to pleadings in the way of electronic transactions (para 1 subpara 1) brings, cases one on the site has been made known transmitting Agency to use www.edikte.justiz.gv.at.

(6) the transmitting Agency took over the data of type for transmission to the Federal Data Center GmbH, it shall immediately notify the consignors as well as log the date (day and time) this feedback; This date is to communicate with the data of input.

(7) the Federal Data Center GmbH has to log when the data of type when you have arrived (day and time).

(8) character sets and supplements to the pleadings are associated with the data content was passed according to the interface description in the Federal Data Center GmbH.

(9) character sets and supplements to pleadings, in the way of electronic transactions (par. 1 Z 1) be brought, shall contain the address code of the single provider. § 7 of the regulation of the Federal Minister for Justice on the electronic legal relations - ERV 2006, Federal Law Gazette II No. 481/2005, is to apply mutatis mutandis.

Electronic transmission of copies by riches of the Handelshof and copies of pleadings and enclosures to pleadings

2. (1) copies of transactions of the Handelshof and copies of written submissions and supplements to the pleadings be transmitted electronically Z 1-3 by application of a procedure within the meaning of § 1 para 1. Riches of the Handelshof on request in individual cases also in paper form can be submitted without prejudice to the effectiveness of electronic transmission.

(2) copies of transactions of the Handelshof and copies of pleadings and enclosures to pleadings submitted by way of electronic transactions, the address code is used for the beneficiary name. Makes use of a participant in the electronic legal relations of several delivery points, copies of errands and copies of pleadings and enclosures to pleadings of that shall be electronically transmitting Agency, recently appointed by the participants. The transmitting Agency has to announce the timing of the commissioning of Federal Data Center GmbH.

(3) the transmitting Agency has the date (day and time), when the electronic available data of the recipient arrived to log and transmit the Federal Data Center GmbH for transmission to the Federal Administrative Court. The date (day and time), when the data is actually adopted by the receiver, are also to log and to announce the Federal Administrative Court on request; This Protocol is for at least three years to be kept.

(4) copies of transactions of the Handelshof are with the official signature of the Handelshof (§§ 19 and 20 E-GovG) to provide. Any use of the official signature of the Handelshof is automatically in a log that indicates that the user name, to hold. This Protocol is for at least three years to be kept.

Interface description

§ 3. The President has a description of the type of data transmission, full data structure, the allowed leaflet formats including the rules on the contents of the field and the maximum scope for all types of documents on the website for the electronic legal relations and the standardized interface function www.bvwg.gv.at to be published (interface description). Documents, which are introduced or communicated by way of electronic transactions or the standardized interface function must conform to the interface description. The transmitting Agency shall ensure that written submissions and supplements to written pleadings, as well as copies of transactions of the Handelshof are only acquired and processed, if they comply with the description of the interface.

Data security

4. (1) on the electronic transfers of pleadings and side dishes involved have through appropriate technical and organizational measures to ensure that the input electronically can be introduced only by one, called consignors in the input. When you register a natural person as a provider in a transmitting Agency, the identity of the single provider is from this to consider.

(2) Similarly, it is to ensure that the data can be obtained and there are protected from improper access of documents within the meaning of section 2 of the available area of the recipient specified in the delivery.

(3) in order to ensure data integrity has any transfer in electronic legal relations (§ 1 para 1 Z 1) encrypted to be carried out. To ensure the authenticity of a certification service provider are all certificates involved in the transfer, according to § 2 Z 10 of the signature law - SigG, Federal Law Gazette I no. 190/1999, issued are to use. In the communication between the transmitting Agency and Federal Data Center GmbH, issued certificates can be used also by the Federal Data Center GmbH.

Linguistic equal treatment

§ 5. As far as this regulation are names only in the male form, they relate to women and men in the same way. In applying the term to certain natural persons, the respective gender-specific form is to use.

Entry into force

§ 6. This Regulation shall enter into force 1 January 2014. At that time written submissions and supplements to written pleadings and copies of transactions of the Handelshof pursuant to section 1 para 1 can be electronically filed or delivered.

Faymann