Transparency Database Operation Regulation

Original Language Title: Transparenzdatenbank-Betriebsverordnung

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Regulation of the Federal Minister of Finance on the operation of the transparency database and the transparency portal (transparency database operating regulation)

On the basis of § 39 (2) of the Transparency Database Act 2012-TDBG 2012, BGBl. I n ° 99/2012, shall be assigned in agreement with the Federal Chancellor:

§ 1. (1) In the operation of the transparency database, electronic communication takes place via the transparency portal. The electronic communication via the Transparency Portal as a performance-defining entity (§ 15 of the Transparency Database Act 2012-TDBG 2012, BGBl. I n ° 99/2012), a service provider (§ 16 TDBG 2012) or a party entitled to question (§ 17 TDBG 2012) shall be made exclusively according to the state of the art (§ 3). For users of services, the requirements for access to personal data of third parties are to be fulfilled. For users who are to be provided with a reading right in the meaning of § 32 (5) or 6 TDBG 2012, the requirements for access to sensitive personal data of third parties are to be fulfilled.

(2) beneficiaries (§ 13 TDBG 2012), potential beneficiaries (§ 32 paragraph 2 TDBG 2012) and performance obligations (§ 14 TDBG 2012) require authentication in accordance with § 32 paragraph 1 TDBG 2012 for the transparency portal inquiry. For the purpose of authentication, these persons have access via the Transparency Portal according to § 4 of the eGovernment Act (E-GovG), BGBl. I n ° 10/2004 in the version of the Federal Law BGBl. I No 111/2010, to be clearly identified by electronic means or by the tax authorities in accordance with Article 1 of the Financial Online Regulation 2006 (FOnV 2006), BGBl. II No 97, as amended by the BGBl Regulation. II No. 373/2012, issued subscriber identification, user identification and personal password. The query of the services offered in the service offering database within the meaning of § 21 TDBG 2012 does not require authentication of the query subject.

§ 2. Performance-defining and performing entities have received their notifications of services or services. To make communications of the services via the dialogue procedure offered in the transparency portal or in the course of a data stream transmission according to the state of the art (§ 3).

§ 3. Specifications corresponding to the state of the art are:

1.

the portal composite protocol (PVP) for accesses to the transparency database,

2.

the security classes (SecClass) for accesses to the transparency database,

3.

the interface description for the communication of performance data for the transmission of services to the transparency database, and

4.

the algorithms, key lengths, and parameters for server-side authenticated connections with strong encryption.

The Federal Minister of Finance has to publish these specifications on the Internet at http://www.transparenzportal.gv.at.

§ 4. The extract from the transparency portal query (§ 33 TDBG 2012) is to be made available to the nominee for download. The file made available is to be electronically signed with the official signature according to § 19 E-GovG. The download of the file by the nominee

and their further use, in particular the storage or transmission to a third party, are the responsibility of the recipient of the service.

Fekter