Amendment Of The Regulation On The Electronic Legal Relations (Erv 2006)

Original Language Title: Änderung der Verordnung über den elektronischen Rechtsverkehr (ERV 2006)

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220. Regulation of the Federal Minister of Justice, amending the Regulation on Electronic Legal Transport (ERV 2006)

On the basis of Section 89b (2) of the Court Organization Act, RGBl. No 217/1896, as last amended by the Federal Law BGBl. I No 58/2010, shall be ordered:

The Federal Minister of Justice for Justice on Electronic Legal Transport (ERV 2006), Federal Law Gazette (BGBl). II No 481/2005, as last amended by the BGBl Regulation. II No 343/2009, shall be amended as follows:

1. In accordance with Article 1 (1a), the following paragraph 1b is inserted:

" (1b) Experts and interpreters may be able to express their opinions or opinions. Translations via the website "www.des.justiz.gv.at" electronically. "

2. § 5 (1) reads:

" § 5. (1) Electronic inputs and electronically supplied charges as well as supplements must comply with the interface description in accordance with paragraph 2. In principle, inputs and charges can also be transmitted as a PDF attachment in accordance with the interface description in accordance with paragraph 2. Written records according to § § 1 and 2 AFV 2002, BGBl. II No 510/2002 and Regulation (EC) No 1896/2006 establishing a European order for payment procedure, OJ L 327, 30.12.2006, p. No. 1, as amended, as well as basic book applications, are to be transmitted in a structured form, which allows for the further processing supported by the automation system; the application as a PDF attachment is not permitted. Where a number of documents are submitted with one input, they shall be transmitted as separate annexes, and safety certificates shall be summared in an annex. "

3. § 6 para. 3 reads:

" (3) In order to ensure data integrity, every transmission in electronic legal traffic must be encrypted. To ensure authenticity, all parties involved in the transfer must use certificates issued by a certification service provider (ZDA) pursuant to § 2 Z 1 Signature Act (SigG) (§ 89c paragraph 2 Z 2 GOG). In direct traffic and in the communication between the transmitting agency and the Bundesrechenzentrum GmbH, certificates issued by the Bundesrechenzentrum GmbH can also be used. "

(4) § 10 is amended as follows:

(a) para. 1 reads:

" (1) Inputs and supplements can be submitted electronically in the basic booking procedure. Exceptions are applications to § § 18a to 18c of the Basic Accounting Act, BGBl. No 550/1980. In the case of land belonging to other files (§ 448 (4) Geo.), the electronic introduction of entries and supplements is not permitted. "

(b) in accordance with paragraph 1, the following paragraph 1a is inserted:

" (1a) The transmission of the application to the remark of the order of precedence (§ 53 General Basic Book Act 1955-GBG, BGBl. 39/1955) and of the order decision on the use of the order of precedence in electronic legal transactions must be carried out in such a way as to ensure that:

1.

for the cessation of the application on the remark of the ranking and the order decision in a document archive of a public corporation law (§ 91c GOG), and with the announcement of a unique document identification term the authorisation for access to the data of the stored document shall be effectively granted; and

2.

for the utilization of the ranking order of the order of order in the original paper in no more than one week, but in any case within the time limit of § 55 GBG (one-month in court). "

(c) The last sentence in paragraph 2 is deleted.

(d) para. 3 reads:

" (3) If, in the description of the interface according to § 5 (2), a corresponding type of desire is provided for the input placed in the input, it shall be used, except for applications for the incorporation or correction of home ownership. with more than 30 residential property objects. "

5. In accordance with § 11 paragraph 1g, the following paragraph 1h is inserted:

" (1h) § 1 para. 1b, § 5 (1), § 6 (3) and § 10, in the version of the Ordination BGBl. II No 220/2011 shall enter into force on 1 July 2011. '

Karl