Name of law Law amending and supplementing the law on e-Government Name of the Bill a bill amending and supplementing the law on e-Government adoption date 16/05/2016 number/year Official Gazette 50/2016 DECREE No. 214
On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria
I DECLARE:
To be published in the Official Gazette the law amending and supplementing the law on e-governance, adopted by the National Assembly of HLÌÌI 16 June 2016.
Issued in Sofia on June 28, 2016.
The President of the Republic: Rosen Plevneliev
Stamped with the State seal.
Minister of Justice: Catherine Dana
LAW amending and supplementing the law on e-Government (official SG. 46 2007; amended by 82/2009 No. 20 of 2013 No. 40 by 2014 and PCs. 13 and 38 from 2016.)
§ 1. In art. 1 al. 3 shall be amended as follows:
"(3) this Act does not apply to electronic documents, automated information systems or networks which contain or be used for work with classified information."
§ 2. In art. 4 make the following amendments and additions:
1. a new paragraph. 2:
"(2) As an internal electronic administrative service is carried out and another Exchange of electronic documents, which provide information between administrative authorities, persons performing public functions and public service providers."
2. The current paragraph. 2 it al. 3 and in her words "in the absence of technological opportunity for automatic feeding and" are deleted.
3. Al are created. 4 and 5:
"(4) Primary data administrator does not have the right to place additional requirements or provides another line of the exchange of data, other than covered by the law.
(5) the story of the exchange of data under para. 1 shall be kept for a period of 10 years. Persons are entitled to free access to the history of data relating to them. "
§ 3. In art. 6, al. 2 Finally a comma and added "taking into account the time zone".
§ 4. In art. 7 make the following amendments and additions:
1. In paragraph 8. 1, after the words "criteria for" insert "network".
2. Paragraphs 4 and 5 shall be read with the following adaptations:
"(4) the Council of Ministers shall adopt by decision strategy for the development of e-Government in the Republic of Bulgaria, on the proposal of the Chairman of State Agency" e-governance ".
(5) the Deputy Prime Ministers and the Ministers of the Council of Ministers offer to adopt sectoral strategies for the development of e-Government after their approval by the Chairman of the State Agency "e-governance". "
§ 5. After art. 7 create chapter one "a" with art. 7A-7 p:
"Chapter one" a "
MANAGEMENT OF ACTIVITIES IN THE FIELD OF E-GOVERNMENT
Section I
State Agency "e-Government"
Status
Art. 7. (1) at the Council of Ministers establishes the State Agency "e-governance", hereinafter referred to as "the Agency".
(2) the Agency is a legal person the budgetary allowance based in the town. Sofia.
(3) the activities, structure and organisation of the Agency shall be established by regulations adopted by the Council of Ministers on a proposal from the President of the Agency.
(4) the Agency shall collaborate and interact on issues of e-Government with the competent authorities of the Member States of the European Union, with the institutions of the European Union and with other international organizations.
Chairman of State Agency "e-Government"
Art. 7B. (1) the Agency is managed and represented by the President, which shall be set by decision of the Council of Ministers and shall be appointed by the Prime Minister for a period of 5 years.
(2) the President of the Agency may be appointed a person who has completed higher education with educational qualification degree "master" and at least 5 years experience in management and coordination of projects in the field of information technology and e-Government.
(3) the Chairman of the Agency's major officer by budget.
(4) in carrying out its functions, the President of the Agency shall be assisted by the Vice-Chairmen, which shall be determined by decision of the Council of Ministers on a proposal from the President of the Agency and qualify under para. 2.
(5) the President of the Agency may be released before the expiry of the mandate:
1. at his request;
2. in the case of incompatibility;
3. in the event of the death or imprisonment;
4. in the case of de facto inability to perform his duties for more than 6 months;
5. When was sentenced to imprisonment for an indictable offence intentionally by a judgment which has the force of res judicata;
6. in case of a serious infringement or systematic non-performance of duties;
7. upon the entry into force of the Act, with established conflict of interest under the law for the prevention and detection of conflicts of interest.
(6) in the event of the death or early release of the President of the Agency, the Council of Ministers shall, within one month, defines a new President, which completes the mandate.
(7) the Chairman and Deputy Chairmen of the Agency may not hold office or to operate under art. 19, para. 6 of the law on the administration.
(8) within 10 days after the designation, the Chairman of the Agency published on the website of the Agency and makes a public presentation of their concept for the development of e-Government and to ensure the continuity and sustainability of the State policy in this sphere.
Powers of the President of the Agency
Art. 7. the President of the Agency:
1. carry out the State policy in the following areas:
and e-Government);
b) electronic certification services;
in electronic identification);
d) network and information security;
e) infrastructure for spatial information;
f) public sector information in the mašinnočetim open format;
2. developed and proposed for adoption by the Cabinet of Ministers draft regulations in the field of e-governance and use of information and communication technologies in the activities of administrative bodies and their administrations;
3. developed and proposed for adoption by the Council of Ministers strategy for the development of e-Government in the Republic of Bulgaria;
4. Endorses the sectoral strategies for the development of e-Government and approve and monitor the implementation of plans for their implementation;
5. develop and proposed for adoption by the Council uniform policy for information resources, issue a methodological guidance and coordinate its implementation;
6. issue methodical indications and coordinate the implementation of policies for network and information security relating to the functioning of e-Government;
7. carry out methodical guidance, coordination and control over the activities for implementing the requirements for internal circulation of electronic documents and their subsequent backup, and of paper documents in the administrations;
8. coordinate between administrative authorities, the persons under art. 1, al. 2 and others on e-Government;
9. carry out a review of compliance with established policies, strategic documents and programs, and provides guidance and coordinate the documents referred to in art. 7 d, para. 2, item 1 and 2 in the area of e-governance, information and communication technologies to all administrations in the order determined by the Ordinance under art. 7 d, para. 6;
10. participate in prioritising, coordinate and monitor the implementation and maintenance of electronic administration services and information systems in public administrations;
11. support the development and approve project proposals, coordinate and monitor the implementation of e-government projects, information and communication technologies in public administrations, financed with funds from the State budget, structural and investment funds of the European Union and from other sources;
12. certifying compliance of information systems with the requirements for interoperability, network and information security and supervise administrations to comply with those requirements;
13. coordinate and assist in the integration of information systems for the electronic control of the administrative authorities with those of the Member States of the European Union;
14. implement e-government projects with relevance for all administrations;
15. builds, develops and maintains the shared resources of e-Government;
16. builds, leads and maintain records referred to in this law;
17. develop and maintain a unified portal for accessing electronic administrative services;
18. realize and maintain a public national repository and version control system source code and technical documentation of information systems in public administrations;
19. issue methodical indications and assist administrations in defining the structure and content of the data sets for posting in the portal for open data under the law on access to public information;
20. carries out the methodological manual, coordination and control of the activities on the construction, maintenance and use of the national infrastructure for spatial information and carries out the powers under the Act to access spatial data;
21. develop and maintain a National Centre for electronic identification and carry out functions related to electronic identification in order with the law for electronic identification;
22. powers of Regulation (EC) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and certification services under the electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257/73 of 28 August 2014), hereinafter referred to as "Commission Regulation (EC) No 910/2014";
23. carry out powers according to the law on electronic communications;
24. adopt a program to attract highly qualified experts in the field of information and communication technologies in order to support the development of e-Government;
25. supervise the implementation of the obligations of the primary administrators of data under art. 3;
26. monitor the implementation of the requirements under art. 58 (b).
Control within the budget process
Art. 7. (1) the President of the Agency shall set up and maintain, water information system for preliminary, current and follow-up as appropriate in the field of e-governance and use of information and communication technologies in the activities of administrative bodies and their administrations.
(2) in the framework of the budget process all administrative authorities are obliged to coordinate in advance with the Chairman of the Agency's expenditure in the field of e-Government and the information and communication technologies by providing information about:
1. the triennial budget forecasts;
2. the draft budgets for the following year;
3. the approved annual budgets and changes in their budgets in this area;
4. ongoing and annual reports.
(3) the information referred to in para. 2 must include a breakdown of the single budget classification (NDA) and the common procurement vocabulary (CPV).
(4) the information referred to in para. 2 must be submitted electronically by officials designated by the administrative authority. Employees are responsible for the accuracy of the information, as well as for her timely introduction.
(5) access to the data from the information system referred to in paragraph 1. 1 is free and free.
(6) the conditions and procedure for submission of information under para. 2, as well as the processes of reconciliation under art. 7, item 9 shall be determined by an Ordinance adopted by the Council of Ministers.
Directory of projects and activities art. 7E. (1) the President of the Agency shall set up and maintain, leads a public electronic register of the projects and activities in the field of e-governance, information and communication technologies in public administrations, which contains information about:
1. proposals for projects and activities, opinions of the Agency approved and rejected projects and activities;
2. General and specific objectives of the projects and activities, expected results and measurable indicators for the result;
3. the main activities with the indicative budgets and schedule for implementation;
4. technical jobs;
5. the implementation of the projects and the activities and results achieved, including the financial effect and quality evaluation of performance.
(2) the information referred to in para. 1 must include a breakdown of the single budget classification (NDA) and the common procurement vocabulary (CPV).
(3) the register under para. 1 is maintained as an electronic information system, in which the staff assigned by the administrative authority, entered the information. Employees are responsible for the accuracy of the information, as well as for her timely introduction.
(4) access to the data from the register under para. 1 is free and free.
(5) the circumstances that fit, the conditions and procedures for the keeping, maintenance and use of the register under para. 1 shall be determined by the Ordinance under art. 7 d, para. 6. Register of information resources art. 7. (1) the President of the Agency shall set up, and maintain a register of information resources, which contains information about:
1. the information resources available to administrative bodies, with the exception of those intended for the handling and storage of classified information;
2. the information resources of the unified electronic communications network (EESM) of the State administration and for the needs of national security;
3. the annual plans for the renewal of the information resources of the administrations.
(2) the information referred to in para. 1 must include a breakdown of the single budget classification (NDA) and the common procurement vocabulary (CPV).
(3) the register under para. 1 is maintained as an electronic information system, in which the staff assigned by the administrative authority, entered the information. Employees are responsible for the accuracy of the information, as well as for her timely introduction.
(4) the administrative authorities are obliged to register under para. 1 data for the information resources within one month from the introduction, respectively, by their removal from service.
(5) the circumstances that fit, the conditions and procedures for the keeping, maintenance and use of the register under para. 1 shall be determined by the Ordinance under art. 7 d, para. 6. Mechanism of information resources planning in administrations
Art. 7. (1) Every administrative authority within the limits of its approved budget drawn up and entered in the information system referred to in art. 7, al. 3-year plan for the renewal of information resources in its administration, the indicative values and the time limits within which to be realized.
(2) the President of the Agency shall issue methodological instructions to the bodies referred to in para. 1 concerning the compliance of the plan with the requirements of the law, the effective use of existing information resources listed in the register of information resources in the Administration, strategies and programmes in the field of e-Government.
(3) the President of the Agency shall draw up each year and by 30 August, submit to the Council of Ministers for approval and an annual report on the State plan for the development and renovation of information resources and information resources in the administration of the unified electronic communications network of the State administration and for the needs of national security. The report and the annual plan shall be published on the website of the Agency.
Consultation on draft regulations
Art. 7. (1) any draft normative acts that regulate the relations related to e-Government, shall be agreed with the Agency.
(2) the Agency shall coordinate the adoption and implementation of State standards in the field of e-Government.
Compulsory provisions
Art. 7. The President of the Agency shall issue binding orders to the administrative authorities and the persons under art. 1, al. 2 regarding compliance with the requirements of this Act.
Section II
State Enterprise "a single system operator"
Status
Art. 7 HP. (1) forms are State-owned enterprise under art. 62, para. 3 of the commercial code with name a single State Enterprise "system operator" ("ESA"). State Enterprise "a single system operator is a legal person with its headquarters in the city. Sofia.
(2) the State Enterprise "a single system operator ' means a person performing public functions. State Enterprise "a single system operator supports the President of the Agency, such as: 1. informative contact center customer service to citizens and businesses in the field of e-Government;
2. support contact center customer service public authorities using the shared information resources on e-Government;
3. National Centre for action in incidents relating to information security;
4. develop and maintain a national portal for spatial data, through which the connection with the geoportala of the infrastructure for spatial information in the European Community (INSPIRE).
(3) to assist administrations in the exercise of their functions "ESO" available upon request the following domestic services:
1. continuous monitoring, incident logging, diagnosis of problems and management of maintenance of the shared information resources on e-Government;
2. registration of incidents, diagnosing problems, maintenance management, and control of change of system and application software, information systems and electronic services, located on the shared information resources on e-Government;
3. management of capacity and resource allocation between all government agencies that use the shared resources of e-Government;
4. initial configuration and introduction of new services on shared information resources on e-Government;
5. the construction, development and maintenance of the environment for the testing of electronic administration services on shared information resources on e-Government;
6. monitoring the implementation of contracts on the development and maintenance of the shared information resources on e-Government;
7. perform specialised audits and analyses in the field of e-governance, information and communication technologies, as well as the network and information security;
8. consultation and project design of system and application architectures for information systems and electronic services;
9. preparation of technical specifications for programmes, projects and procurement of all administrative bodies in the field of e-governance, information and communication technologies in value for the award of a public contract for the supply and service contracts above the thresholds referred to in art. 20, para. 1, item 1 (b) and para. 2, item 2 of the law on public procurement;
10. the management of the implementation of e-government projects, information and communication technologies;
11. control and participation in acceptance of the performance of the work of contractors under contracts for the procurement of supplies and services in the field of e-governance, information and communication technologies;
12. the management and control of interoperability and support processes and implementation of activities on the integration of information systems and electronic administrative services.
(4) in addition to the functions under paragraph 1. 2 and 3 DP "ESO" carry out the following activity only on the territory of the Republic of Bulgaria:
1. to provide services in the field of e-governance and information and communication technologies;
2. provide services in the analysis of business and technological processes, project management and quality control;
3. to provide services in the field of interoperability;
4. the provision of services in the field of network and information security;
5. carrying out other activities that provide or complement the basic subject of activity.
(5) the State Enterprise "a single system operator" can be performed in public procurement contracts, which includes activities carried out by the Al. 4 with the exception of contracts in respect of which perform functions under para. 3, item 9, 10, 11 or 12.
Property and financing of State Enterprise "a single system operator"
Art. 7 liters (1) the property of the "ESO" consists of property, granted to him by the Council of Ministers and by the Agency, as well as the property acquired by the DP "ECO" as a result of his activities.
(2) the assets of the "ESO" cannot serve to secure the obligations of third parties.
(3) The State Enterprise "a single system operator ' cannot opens insolvency proceedings.
(4) against the property of the "ESO" heading may not be enforceable.
(5) the activity of DP "ESO" for carrying out the tasks related to the main subject of activity is funded by:
1. income from activities under art. 7 k, al. 3 and 4;
2. donations from domestic and foreign natural and legal persons;
3. proceeds from interest on deposits;
4. means of international programmes and financial instruments.
(6) the proceeds under art. 7 k, al. 4 must be less than 20 per cent of the total income of the enterprise on an annual basis.
(7) for the activities under art. 7 k, al. 3 is leading a separate analytical accounting for activities under art. 7 k, al. (4) in accordance with the accounting law.
(8) the resources of the Al. 5 be expended for:
1. making the objects and functions of the "ESO";
2. cost of DP "ESO";
3. investment costs associated with the objects and functions of the "ESO".
Management bodies
Art. 7 m. (1) the authorities of the "ESO" are:
1. the President of the Agency;
2. the Governing Board;
3. the Director-General.
(2) the President of the Agency:
1. exercise the property rights of the State in the "ESO";
2. proposed for adoption by the Council of Ministers rules of procedure, structure and organisation of the DP "ESO";
3. proposed for adoption by the Council of Ministers of development programme DP "ESO";
4. offers of Cabinet appointment and dismissal of the members of the Management Board of "ESO";
5. shall appoint and dismiss the Director, who is a member of the Board of the "ESO";
6. Approves the decisions of the Governing Council on the contribution of the "ESO" in civil and commercial companies and non-profit organizations;
7. Approves the decisions of the Management Board to participate in the "ECO" in international organisations and projects;
8. Approves the decisions of the Governing Council for the establishment of property rights and for the rental of real estate – property of DP "ESO";
9. draw classifier for the activities and services of the "ESO" under art. 7 k, al. 2 and 3, and methodology for determining their cost on the basis of the analysis and relevant costs for each activity and service;
10. an annual evaluation of the costs drawn up the activities and services of the "ESO" under art. 7 k, al. 2 and 3 listed in the nomenclature, and in accordance with the procedure referred to in paragraph 9;
11. shall prepare annually an analysis of usual market rates of return for the services provided by the DP "ESO" under art. 7 k, al. 3, entered in the classification under item 9;
12. draw up annually a tariff for the final prices of the services provided by the DP "ESO" under art. 7 k, al. 3, which form the razhodoorientiran principle, on the basis of costs according to the assessment referred to in paragraph 10 and profit, which may not be more than half of their usual earnings for the relevant service, established by the analysis under item 11;
13. proposed for adoption by the Council of Ministers nomenclature, tariffs and methodologies referred to in paragraph 9 and 12.
Board of Directors
Art. 7. (1) the Management Board shall be composed of three members, including the Director, who shall be appointed by the Council of Ministers on a proposal from the President of the Agency for a period of five years.
(2) the President of the Agency shall conclude a contract for each Member of the Management Board.
(3) cannot be a member of the Board, a person who:
1. is convicted of an indictable offence established by a final judgment;
2. a spouse or relative rights, collateral or by marriage to the third degree with another Member of the Management Board;
3. position in the governing bodies of another enterprise, company or association, which operates a competitive activity of DP "ESO", with the exception of companies with State participation or other State-owned enterprises;
4. has a contractual relationship with another enterprise, company or association, which operates a competitive activity of DP "ESO", with the exception of companies with State participation or other State-owned enterprises;
5. is a partner in a general partnership, limited partnership or limited liability company that operates similar to the activity of DP "ESO";
6. in his own or somebody else's name engaged in commercial transactions, which are similar to the activity of DP "ESO";
7. is a civil servant.
(4) the Management Board shall meet at least once every two months.
(5) the decisions of the Management Board shall be taken by open ballot and a simple majority.
(6) the monitoring of the implementation of the decisions of the Management Board shall be provided by the Chairman of the Management Board.
(7) the Chairman of the Agency of the Council of Ministers provides for release before the end of the period of the contract of Management Board Member who:
1. does not comply with the requirements under paragraph 1. 3;
2. in breach of its obligations provided for in the Treaty;
3. has submitted a written application for an exemption.
(8) the Management Board shall:
1. elect from among its members a Chairman;
2. prepare a draft of the rules of procedure, structure and organisation of the DP "ESO";
3. prepare a draft of the program for the development of the "ESO";
4. adopt the annual financial plan of the "ESO";
5. adopts the structure, the State and the means to wage the "ECO" in accordance with the annual financial plan;
6. adopt the annual financial statement of the "ESO";
7. adopts decisions for disposal, scrapping or liquidation of fixed assets, establishing property rights and for the rental of real estate – property of DP "ESO".
(9) the Management Board shall meet, if at least two of its members. Each Board Member may authorize any other Member of the Council with explicit authorisation on a case by case basis. Present article may not represent more than one absentee.
(10) the Management Board may decide, and absentee, if all members have stated their consent in writing of the decision.
Director General
Art. 7 Oh. The Director-General of the State Enterprise "ESO":
1. represents the DP "ESO" before State authorities, the courts, and to third parties in the country and abroad;
2. organizes, manages and controls the overall activity of DP "ESO";
3. enter into contracts for the activities carried out by the "ESO";
4. conclude and terminate employment relationships with employees in DP "ESO";
5. account of his activities to the Management Board.
Section III
Open Government
Duty of State Agency "e-Government" for publishing information
Art. 7. the Agency shall publish p monthly updated information on its activities in mašinnočetim open format, including through the portal for open data, with the exception of the data referred to in paragraph 1, which shall be published on a daily basis, in accordance with the law on access to public information. The information contains at least the following particulars: 1. the data from the register under art. 7 (e), para. 1;
2. aggregated statistical data from the register under art. 7, al. 1;
3. information on the acts referred to in art. 63 and 64;
4. other sets of data defined by the Ordinance under art. 7 d, para. 6.
The duty of the State Enterprise "a single system operator" for publishing information
Art. 7 b. State Enterprise "single system vendor ' monthly published an update on its activities in mašinnočetim open format, including through the portal for open data, in accordance with the law on access to public information. The information contains at least the following particulars: 1. statistics for the activities and services referred to in art. 7 k;
2. the volumes of services rendered and their proceeds, broken down by entities and services taxonomy of services under art. 7 m, al. 2, s. 9;
3. the costs of economic elements broken down by contractors and suppliers. "
§ 6. Article 11 shall be amended as follows:
"The obligation of acceptance and issuance of electronic documents
Art. 11. Providers of electronic administration services may not refuse acceptance of electronic documents, statements, issued and signed by electronic documents according to the requirements of law, as well as to refuse the issuance of electronic documents. "
§ 7. In art. 12 make the following amendments and additions:
1. In paragraph 8. 1 the words "the Minister of transport, information technology and communications" shall be replaced by "the President of the State Agency" e-governance ".
2. in the Al. 2, the words "and in a user-friendly dialog mode ' shall be deleted.
3. a para. 6:
"(6) the Council of Ministers shall have the right to use the name of the domain" URgov.bg "."
§ 8. In art. 13, para. 1, item 4, the words "e-mail address" shall be replaced by "electronic address".
§ 9. In art. 16, al. 1, after the word "provide" "only" be added after the word "data" a comma and the words "only to the extent that it" shall be replaced by "which".
§ 10. In art. 17, al. 2, after the words "published" comma, add "including in mašinnočetim open format" and a comma and the words "Ministry of transport, information technology and communications" shall be replaced by "State Agency" e-governance ".
§ 11. In art. 19, after the words "electronic means" insert "in accordance with the requirements laid down by law" and the words "If the input documents are issued and signed in accordance with the electronic document and electronic signature law and the requirements of this Act" shall be deleted.
§ 12. Article 20 is amended as follows:
Send electronic documents
Art. 20. The filing of electronic documents from citizens and organizations shall be carried out:
1. through the user interface;
2. via the interface for automated data exchange;
3. in other ways for the filing of electronic documents, determined by the Ordinance under art. 12, al. 4. "
§ 13. In art. 22 is made the following changes and additions:
1. In paragraph 8. 2, the words ' of the European Parliament and of the Council of 23 July 2014 on electronic identification and certification services under the electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257/73 of 28 August 2014) ' shall be deleted.
2. in the Al. 3 the words "established under the electronic document and electronic signature law and" are deleted.
3. a para. 5:
"(5) for the submission of applications for electronic administrative services by natural persons who are identified in an order of the law for electronic identification, electronic statements can be signed with an advanced electronic signature."
§ 14. Art is created. 24A:
' When placing an electronic administrative services art. 24. Citizens can declare electronic administrative services and through an intermediary. The activities of intermediaries is governed by the Ordinance under art. 12, al. 4. "
§ 15. Art is created. 24 (b):
Automatic identification of legal representative art. 24B. The primary data controllers provide all administrative bodies and the persons under art. 1 Al 2 inner electronic administrative service for verification of representative authority, when such stems or can be determined from the entries in the registers or maintained databases. "
§ 16. Article 26 shall be replaced by the following: "service of electronic documents
Art. 26. (1) the recipient of the electronic administrative service is obliged to indicate the email address for notification in accordance with the requirements laid down in the Ordinance under art. 12, al. 4.
(2) the service of electronic statements from providers of electronic administration services may be effected by sending a message to the email address, containing information about the download document from information system for secure service or from a single portal under art. 12, al. 1. documents shall be considered served by downloading them.
(3) where the recipient is not downloaded documents within 7 days of dispatch of the notice under paragraph 1. 2, the document shall be served in the order determined by law.
(4) the service of documents by electronic means shall be certified with a copy of the electronic record for sending the download, respectively, stored in an information system for secure service or in the single portal under art. 12, al. 1. service may be certified and qualified service provider for electronic registered mail within the meaning of Regulation (EC) No 910/2014. "
§ 17. In art. 27, the words "e-mail address" shall be replaced by "electronic address".
§ 18. In art. 30 the following modifications are made:
1. In paragraph 8. 1, the words "with the scanning" are replaced by "appropriate".
2. in the Al. 2 the word "stored" is replaced by "return" to the applicant.
3. in the Al. 3 the Union "and" shall be deleted.
§ 19. In art. 32, para. 1 the words "single environment for the exchange of documents" shall be replaced by ' another system in order determined by the Ordinance under art. 12, al. 4. "
§ 20. In art. 34 the following modifications are made:
1. In paragraph 8. 2:
a) item 1 is amended as follows:
"1. the unique identifier of the document registry";
b) in paragraph 3 the words "and subject to the expressed desire of the applicant shall be sent the electronic document together with the attached documents ' shall be deleted.
2. in the Al. 4, the words "electronic mail" shall be replaced by "electronic address", and the words "through a single environment to exchange documents or" shall be deleted.
§ 21. In art. 36, para. 1, the words "of the e-mail address" shall be replaced by ' in the ways defined in ".
§ 22. Article 37 shall be amended as follows:
"Rules for the use of electronic signatures
Art. 37. the rules of acquisition, use, renewal and termination of certificates for digital signatures, certificates for electronic seals, certificates for electronic time stamps and certificates of Authenticity on the Internet pages of the administrations shall be determined by an Ordinance of the Council of Ministers. "
§ 23. Article 41 shall be amended as follows:
"Conditions for the exchange of electronic documents
Art. 41. the conditions for the automated exchange of electronic documents such as internal electronic administrative services shall be determined by the Ordinance under art. 43, para. 2. "
§ 24. The title of chapter IV shall be replaced by the following: "technical infrastructure, networks and information systems".
§ 25. In art. 43 following amendments and supplements shall be made:
1. In paragraph 8. 2, after the word "operational" is added "and network".
2. in the Al. 3 the words "the Minister of transport, information technology and communications" shall be replaced by "the President of the State Agency" e-governance ", the words" national "shall be replaced by" information ", and" after the word "systems" is added to the administrative authorities ".
§ 26. In art. 45, para. 2 the words "register of electronic services" shall be replaced by "administrative register under art. 61 of the law of administration ".
§ 27. Article 49 shall be amended as follows:
"An entry in the register of information objects
Art. 49. the President of the Agency shall ensure that the technical description and entry in the register of each information object in the order determined by the Ordinance under art. 43, para. 2. "
§ 28. Article 50 shall be repealed.
§ 29. Article 51 shall be repealed.
§ 30. In art. 52, para. 1 the words "register of electronic services" shall be replaced by "administrative register under art. 61 of the law of administration ".
§ 31. In chapter IV, title of section III shall be replaced by the following: "network and information security".
§ 32. In art. 54 the following endorsements are added:
1. In the title, after the words "provision of" insert "network".
2. In the text after the word "provide" is added "and" network.
§ 33. In art. 55 in the title, after the words "measures to" insert "network".
§ 34. Art is created. 55A:
"The adoption of reports of problems with information security art. 55. By the Ordinance under art. 43, para. 2 lay down rules for the reception of signals on the part of citizens and organizations about problems with information security in accordance with the recommendations of the European Union Agency for network and information security. "
§ 35. In chapter IV, in the title of section IV, after the words "compatibility" and add "network".
§ 36. In art. 56 the following endorsements are added:
1. In paragraph 8. 1, after the words "compatibility" and add "network".
2. in the Al. 2, after the words "orders for" insert "development, upgrade, or" and after the words "compatibility" and add "network".
§ 37. In art. 57, al. 1, after the words "compatibility" and add "and" and the words "the Minister of transport, information technology and communications" shall be replaced by the words "the Chairman of the State Agency" e-governance ".
§ 38. In chapter four, after art. 58 section V is created with art. 58A and 58 (b):
' Section V
Requirements for projects and activities in the field of e-Government
Mandatory requirements for the preparation of jobs
Art. 58. In the preparation of technical and functional tasks of conducting procurement for development, upgrade, or implementation of information systems or electronic services administrative authorities must include the following tasks:
1. in cases where the subject matter of the contract includes the development of computer programs:
a) computer programs must meet the criteria for open source software;
b) all copyright and related rights on the relevant computer programs, their source code, the design of interfaces and databases, which is the subject of the contract, the contracting authority must occur in full, without any restriction on the use, modification and distribution;
in development) should be used and version control system maintained by the Agency in accordance with art. 7, p. 18;
2. to implement automated interfaces for providing free public access to electronic documents, information and data in the mašinnočetim open format, including through publication in the portal for open data, in accordance with the law on access to public information;
3. to realize technological and architectural solutions to ensure the non-discriminatory installation, operation and maintenance, as well as performance and fault tolerance of the system in a productive mode on shared resources of e-Government;
4. to realize the business interface for the automated online data exchange and provision of internal electronic administrative services in accordance with the requirements of this Act;
5. to implement the business interface for the automated online exchange of data on the history of executed transactions in the e-services, automated exchanges of data and the accrued charges to the information systems of other public institutions and public service providers to provide comprehensive administrative services under the requirements for interoperability and information security;
6. in the event that more than one administration is a potential user of the system to realize the technical capability for simultaneous use of the system by more than one administration under the current requirements for interoperability and information security;
7. to implement functionality for electronic authentication of authorship, integrity, time, service and other electronic certification services within the meaning of Regulation (EC) No 910/2014, as well as to ensure the continuous maintenance of current information security standards;
8. to be disposed regularly create backups and data backup in the order determined by the Ordinance under art. 43, para. (2);
9. to realize the functionality of electronic identification in accordance with the law on electronic identification;
10. to meet the specific requirements laid down by the Ordinance under art. 12, al. 4.
Attestation of conformity
Art. 58 (b). The compliance of the implemented by administrative organs information systems with established regulatory requirements under art. 58 and shall be certified by the President of the Agency. "
§ 39. In art. 60 is made the following changes and additions:
1. In the title, after the words "compatibility" and add "network".
2. in the Al. 1 the words "the Minister of transport, information technology and communications" shall be replaced by the words "the Chairman of the State Agency" e-governance "and after the words" the requirements for "insert" network ".
3. in the Al. 2 the words "the Minister of transport, information technology and communications" shall be replaced by the words "the Chairman of the State Agency" e-governance ".
§ 40. In art. 63 following amendments and supplements shall be made:
1. In paragraph 8. 1, after the words "art. 5, al. 2 "a comma and add" art. 7 d-7, p 8 ", the words" and 56 "shall be replaced by ' 56 and 58 (a)," and the numbers "50" and "250" shall be replaced respectively with "150" and "750".
2. in the Al. 2 numbers "150" and "750" shall be replaced respectively with "300" and "1500".
3. in the Al. 3 numbers "300" and "3000" shall be replaced respectively with "1500" and "15 000".
4. in the Al. 4 numbers "2000" and "7000" shall be replaced respectively with "4500" and 45 "000".
§ 41. In art. 64 the following modifications are made:
1. In paragraph 8. 1 numbers "250" and "1500" shall be replaced respectively with "500" and "3000".
2. in the Al. 2 numbers "500" and "2500" shall be replaced respectively with "1000" and "$ 5,000".
§ 42. In § 1 of the additional provisions are made the following amendments and additions:
1. point 5 shall be replaced by the following:
"(5)" electronic document "means an electronic document within the meaning of Regulation (EC) No 910/2014."
2. point 7 is repealed.
3. In paragraph 10, the word "information" is replaced by "information".
4. In paragraph 12, after the word "zip" comma and added "banking, financial and certification within the meaning of Regulation (EC) No 910/2014".
5. In paragraph 14, the words "paragraph 2" shall be replaced by "12".
6. Create t. 23-35:
"23." electronic address "is identifiable by a common standard information system for receiving electronic statements.
24. "information resource" is information and communication environment or its component that ensures the implementation of the national strategy for e-Government.
25. "electronic seal" is an electronic stamp within the meaning of Regulation (EC) No 910/2014.
26. "State hybrid private cloud" is a centralised state information infrastructure (servers, data storage equipment, communications equipment, ancillary equipment and system software), distributed in several locations in the premises, meeting the criteria for the construction of protected information centers, which provides physical and virtual resources for use and administration of the public authorities, while ensuring a high level of security, reliability, isolation of individual users and inability of interference in the working capacity of information systems or unauthorized access to information resources. The isolation of resources and networks of the various sectoral users ensure a separation of physical and logical level.
27. "Shared information resources on e-Government" have the technical infrastructure, the single electronic communications network, information centres and the State hybrid private cloud, created and developed by the Agency and used shared by all public authorities.
28. "information resources policy ' is a set of rules and standards governing the allowable standard requirements to the technical and functional features when purchasing or renting of tangible and intangible assets, as well as rules on the use and management of the life cycle of assets in the field of e-governance and use of information and communication technologies in the activities of administrative bodies and their administrations.
29. "source code" is a set of instructions and comments written in understandable to human language, which form a computer program.
30. "open source software" is a computer program whose source code is publicly available for free use, with the right to review and edit under conditions specified by the copyright holder.
31. "system for secure service" is an electronic registered mail within the meaning of the regulation.
32. the single portal is a single point of access to electronic administrative services to all administrations, implemented with the latest technological tools and interfaces.
33. "Internal Service" is a service that is made available to administrations of DP "ESO" to support the reference functions, in order for the exemptions applicable to public entities, in accordance with art. 14, para. 1, item 5 and 7 of the law on public procurement.
34. "fault tolerance" is the ability of information systems and technical infrastructure to perform their duties despite the incapacity or absence of the effected the result of part of their elements.
35. ' when placing an electronic administrative services "is a person who represents a proxy recipient of electronic administration services for querying and obtaining the service."
§ 43. In other texts of the law, the words "the Minister of transport, information technology and communications, the Minister of transport, information technology and communications and the Ministry of transport, information technology and communications" shall be replaced respectively with "the President of the State Agency" e-Government "," the Chairman of the State Agency "e-Government" and "Government agency" e-governance ".
Transitional and final provisions
§ 44. Within three months of the entry into force of this law the Council of Ministers shall adopt Ordinance referred to in art. 7 d, para. 6.
§ 45. The Council of Ministers and the Ministers adapted accordingly adopted their laws in accordance with this Act within six months of its entry into force.
§ 46. (1) the Executive Agency "electronic communication networks and information systems" to the Minister of transport, information technology and communications shall be closed.
(2) assets, liabilities, the archive, as well as the other rights and obligations of the Executive Agency "electronic communication networks and information systems ' pass to the State Agency" e-governance ".
(3) the Council of Ministers shall adopt its rules of procedure, structure and organization of government agency "e-governance" and the rules of procedure, structure and organisation of the State Enterprise "a single system operator and regulates the legal relations in connection with the closure of an Executive Agency" electronic communication networks and information systems "under para. 1 and the transfer under paragraph 1. 2 within three months of the entry into force of this law.
(4) labour and service staff of the Executive Agency "electronic communication networks and information systems" that serve functions in the field of e-Government, moving to a government agency "e-governance" under the conditions and by the procedure of art. 123 of the labour code and article. 87 (a) of the law on civil service, and in accordance with the conditions set out in the rules of procedure, structure and organization of government agency "e-governance" structure and numerical composition.
(5) Labour and service legal relations with the employees of the covered Executive Agency "electronic communication networks and information systems", beyond those in the Al. 4, are governed under the conditions and by the procedure of art. 328, para. 1, item 1 of the labour code and consequently art. 106, para. 1, item 1 of the law on civil servants.
§ 47. Chairman of the State Agency "e-Government" carried out an inventory and audit of all information resources in administrations within 6 months of the entry into force of this law.
§ 48. Electronic Communications Act (promulgated, SG. 41 since 2007; amend., SG. 109 (2007), no. 36, 43 and 69 since 2008, issue 17, 35, 37 and 42 of 2009; the Decision the Constitutional Court No. 3 of 2009 – No. 45 of 2009; amend., SG. 82, 89 and 93/2009, 12/17 , 27 and 97 from 2010, PC. 105 by 2011, issue. 38, 44 and 82 by 2012 PCs. 15, 27, 28, 52, 66 and 70 in 2013, PCs. 11, 53, 61 and 98 by 2014, PC. 14 by 2015; Decision No. 2 of the Constitutional Court by 2015 – PCs. 23 by 2015; amend., SG. 24, 29, 61 and 79 by 2015.) the following modifications are made: 1. In art. 17, al. 1 the words "the Minister of transport, information technology and communications" shall be replaced by "the President of the State Agency" e-governance ".
2. In art. 300. 2 the words "the Minister of transport, information technology and communications" shall be replaced by the words "the Chairman of the State Agency" e-governance ".
3. In art. 303, para. 1 the words "the Minister of transport, information technology and communications" shall be replaced by "the President of the State Agency" e-governance ".
§ 49. The law on access to spatial data (official SG. 19 of 2010; amend., SG. 66 by 2013, no. 98 of 2014 and 26 by 2015) is hereby amended as follows:
1. In art. 12, al. 4, the words "Executive Agency" electronic communication networks and information systems "to the Minister of transport, information technology and communications" shall be replaced by "State Agency" e-governance ".
2. In art. 14 everywhere the words "Executive Agency" electronic communication networks and information systems ' shall be replaced by "State Agency" e-governance ".
3. In art. 23:
and in the text) before item 1 the words "the Minister of transport, information technology and communications" shall be replaced by "the President of the State Agency" e-Government ";
b) point 1 shall be amended as follows:
1. "State Enterprise" a single system operator; ".
4. Anywhere in the law, the words "the Minister of transport, information technology and communications, the Minister of transport, information technology and communications and the Ministry of transport, information technology and communications" shall be replaced respectively with "the President of the State Agency" e-Government "," the Chairman of the State Agency "e-Government" and "Government agency" e-governance ".
§ 50. In the law on civil registration (official SG. 67 of 1999; amend., SG. 28 and 37 of 2001 No. 54 of 2002, 63/2003, no. 70 and 96 of 2004, no. 30 of 2006 and 48/59 of 2007 No. 105 of 2008, issue 6, 19, 47, 74 and 82 from 2009. , PC. 33 by 2010, PC. 9 and 39 from 2011, issue. 42 by 2012 PCs. 66 and 68 in 2013, PCs. 53 and 98 by 2014, PC. 55 by 2015 and St. 39 by 2016) in art. Al 106. 4 is repealed.
§ 51. In the law of pledge (official SG. 100 from 1996; amend., SG. 86 of 1997, no. 42 of 1999, no. 19 and 58 of 2003, 34 and 43/2005, no. 30, 34 and 80 of 2006, issue 53, 59 and 108 in 2007 100/2008, no. 24 of 2009. , PC. 101 of 2010, PC. 38 by 2012, PCs. 15 by 2013, PCs. 107 by 2014 and PCs. 50 by 2015) in art. 25 Al is created. 4:
"(4) the public authorities do not pay state tax under para. 1. "§ 52. The law on road traffic (official SG. 20 of 1999; amend., no. 1 of 2000 and 43/76 of 2002, no. 16 and 22 of 2003, issue 6, 70, 85 and 115 of 2004, no. 79, 92, 99, 102, 103 and 105 by 2005, issue 30, 34, 61, 64, 80, 82, 85 and 102 in 2006. , PC. 22, 51 53, 97 and 109 from 2007, PCs. 36, 43, 69, 88 and 102 by 2008, PCs. 74, 75, 82 and 93 from 2009, PCs. 54, 98 and 100 by 2010, PC. 10, 19, 39 and 48 by 2011; Decision No. 1 of the Constitutional Court by 2012 – PCs. 20 by 2012; amend., SG. 47, 53, 54, 60 and 75 by 2012 PCs. 15 and 68 in 2013, PCs. 53 and 107 from 2014, PC. 14, 19, 37, 79, 92, 95, 101 and 102 by 2015 and St. 13 of 2016) art. 142 shall be replaced by the following:
"Art. 142. (1) the Minister of the Interior shall determine the procedure for officially providing data on registered road vehicles of the persons concerned. The registration is required when transmitting data from the register, to keep records that contain information about the transmitted data, the time of delivery, for the applicant the data and the purposes for which the data are requested.
(2) the right of free access in real time are all State bodies, organizations and entities which process data pursuant to law or an act of the Minister of the Interior.
(3) the Minister of the Interior publishes monthly data on registered road vehicles in the portal for open data in accordance with the law on access to public information. "
§ 53. In the law on defence and the armed forces of the Republic of Bulgaria (promulgated, SG. 35 of 2009; amend., SG. 74, 82, 93 and 99 from 2009, issue 16, 88, 98 and 101 of 2010, issue 23, 48, 99 and 100 by 2011, 20, 33 and 38 by 2012, issue 15, 66 and 68 from 2013. , PC. 1 and 98 by 2014, PC. 14, 24, 61, 79 and 88 by 2015 and St. 13 and 17 from 2016.) in art. 40 following amendments and supplements shall be made:
1. The current text becomes paragraph 1 and 2 and 3 are repealed.
2. a para. 2:
"(2) the President of the State Agency" e-governance "in consultation with the Secretary of Defense:
1. arrange for the establishment and maintenance of special sites to accommodate the needs of Defense and the installed capacity for the needs of defence for military time;
2. establish, operate, maintain and develop an electronic communications network and control stations in conjunction with the national security and defense. "
§ 54. In the Administration Act (promulgated, SG. 130 of 1998; Decision of the Constitutional Court No. 2 of 1999 – issue 8 of 1999; amend., SG. 67 of 1999 No. 64 and 81 of 2000, 99/2001;, Corr 101/2001; amended by 95/2003, no. 19 of 2005, no. 24 , 30, 69 and 102 in 2006, PCs. 46 and 78 in 2007, PCs. 43 and 94 since 2008, PCs. 35 and 42 by 2009, PCs. 24 and 97 from 2010, PC. 69 by 2011, issue. 15 and 82 by 2012 PCs. 15 and 17 from 2013, PCs. 19 and 27 by 2014 and PCs. 60 and 96 by 2015.) in art. 61, para. 1, paragraph 2, after the words "administrative services" a comma and add "including electronic administrative services".
§ 55. In the law on the judiciary (official SG. 64 of 2007; amend., SG. 69 and 109 of 2008 25/, 33, 42, 102 and 103 of 2009, 59/2010, no. 1, 23, 32, 45, 81 and 82 by 2011; Decision No. 10 of the Constitutional Court by 2011 – issue 93 of 2011; amend. , PC. 20, 50 and 81 by 2012 and St. 15, 17, 30, 52, 66, 70 and 71 of 13 PCs. 19, 21, 53, 98 and 107 from 2014, PC. 14 by 2015 and St. 28 and 39 from 2016.) in art. 77, para. 4, the words "electronic signature" shall be deleted.
§ 56. In the law on the National Archive Fund (official SG. 57 of 2007; amend., SG. 19, 42, 78, 92, 93 and 103 of 2009; Decision of the Constitutional Court No. 8 of 2010-43/2010; amend., SG. 59 by 2010; Decision of the Constitutional Court No 14 of 2010 – issue 101 of 2010; amend., SG. 38 by 2012 and 15 from 2013) in art. 9, para. 2 the words "the Minister of transport, information technology and communications" shall be replaced by the words "the Chairman of the State Agency" e-governance ".
§ 57. The law on access to public information (promulgated, SG. 55 since 2000; amend., issue 1 and 45 in 2002, 103/2005, no. 24, 30 and 59 from 2006, 49 and 57/2007/104 of 2008, 77/2010 39/2011 No. 97 by 2015 and issue 13 of 2016) the following amendments and supplements shall be made :
1. In art. 15 (b), para. 3, after the word "annually" insert "on a proposal from the President of the State Agency" e-governance ".
2. In art. 15 (d), para. 1 the words "the administration of the Council of Ministers" shall be replaced by "State Agency" e-governance ".
3. In art. 16 a, para. 1 the words "the administration of the Council of Ministers" shall be replaced by "State Agency" e-governance ".
4. In art. 42:
(a)) in the Al. 3, after the words "art. 14, 15, 15A, "a comma and added al. 3, art. 15 (d), para. 2 ";
(b)) in the Al. 5 after the word "failure" is added "of the entities referred to in art. 3, al. 2. "
5. In art. 43:
(a)) in the Al. 1 creating the second sentence: "the offences under art. 15 (d), para. 2 shall be laid down by the officials authorised by the Chairman of the State Agency "e-governance". ";
(b)) in the Al. 2:
AA) in paragraph 3, after the words "art. 42, para. 3 "insert" on the art. 14, 15, 15A, 15B, art. 15 in, al. 3 and art. 31, para. 3 ";
BB) a new item 4:
"4. in art. 42, para. 3 on art. 15 (d), para. 2 – the Chairman of the State Agency "e-governance" or by officials authorised by him; "
BB) the current item 4 becomes item 5.
§ 58. In the law for electronic identification (SG. 38 from 2016) all over the words "the Minister of transport, information technology and communications, the Ministry of transport, information technology and communications" and "the Ministry" are replaced with "Chairman of State Agency" e-Government "," State Agency "e-governance" and "the Agency".
§ 59. Within two years of the entry into force of this law, in the absence of technological opportunity for automatic submission by the procedure of art. 4 data are required, respectively, sent as an electronic document in the format with unstructured content or are provided on paper.
§ 60. The law shall enter into force on the day of its publication in the Official Gazette, with the exception of the provisions on:
1. paragraph 15, which shall enter into force on 1 January 2018;
2. paragraph 18, paragraph 2 and 3, which shall enter into force from 1 June 2017.
The law was passed by the National Assembly-43 on 16 June 2016 and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva:
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