Law For The Promotion Of Electronic Administration

Original Language Title: Gesetz zur Förderung der elektronischen Verwaltung

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Electronic Administration Act (eGovernment Law-EGovG)

Non-official table of contents

EGovG

Date of issue: 25.07.2013

Full quote:

" E-Government Act of 25. July 2013 (BGBl. I p. 2749) "

Footnote

(+ + + Text evidence from: 1.8.2013 + + +)

The G was defined as the article 1 of the G v. 25.7.2013 I 2749 approved by the Bundestag with the consent of the Bundesrat. It's gem. Article 31 (1) of this Act entered into force on 1 August 2013. Section 2 (1) shall take effect in accordance with Art. 31 (2) of this G in force on 1 July 2014. § 2 (3) and (14) shall act in accordance with Art. 31 (3) of this G in force on 1 January 2015. Section 2 (2) is in accordance with Art. 31 (4) of this G iVm Bek. v. 21.4.2015 I 678 mWv 24.3.2016 in force. § 6 Sentence 1 shall take place in accordance with Article 31 (5) of this Act shall enter into force on 1 January 2020. unofficial table of contents

content overview

§ 1 Scope
§ 2Electronic access to administration
§ 3Information about authorities and about their procedures in publicly accessible networks
§ 4 Electronic payment options
§ 5Reaction
§ 6 Electronic file guide
§ 7Transfer and destruction of the paper originals
§ 8File inspection
§ 9Optimization of administrative procedures and information on the Level of procedure
§ 10Implementation of standardization decisions of the IT planning board
§ 11Common procedures
§ 12Requirements for the provision of data, Ordinance empowerment
§ 13Electronic forms
§ 14 Georeferencing
§ 15Official release and delivery sheets
§ 16
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§ 1 Scope

(1) This law applies to the public administration activities of the federal authorities, including the federal bodies, institutions and foundations of public law.(2) This Act shall also apply to the public administration activities of the authorities of the countries, municipalities and municipal associations and other legal persons under public law under the supervision of the country, if they Execute federal law.(3) For the activities of the judicial authorities and the authorities of the judicial administration, including the bodies of public law subject to their supervision, this law shall apply only in so far as the activities of the judicial review by the courts of the Administrative jurisdiction or verification by the courts in administrative law, patent attorment and notary matters.(4) This Act shall apply, insofar as the federal legislation does not contain any provisions of the same or contrary provisions.(5) This law does not apply to
1.
prosecution, prosecution and prosecution of administrative offences, legal assistance to foreign countries in criminal and civil matters, the Tax and customs clearance (§ 208 of the Tax Code) and for measures of the right of legal service,
2.
Procedure in front of the German Patent and Trademark Office and the German Patent and Trademark Office and the ,
3.
the administrative activity according to the Second Book of Social Code.
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§ 2 Electronic access to the administration

(1) Each authority is obliged to provide access for the transmission of electronic documents, even if they are of a qualified electronic signature.(2) Each federal authority is obliged to open the electronic access in addition by a De-Mail address in the sense of the De-Mail-Law, unless the federal authority does not have access to the central authority for the Federal Administration IT procedures are offered via the De-Mail services for federal authorities.(3) Each authority of the Federation is obliged, in administrative proceedings in which it has established the identity of a person on the basis of a piece of law or for other reasons, to consider an identification necessary, an electronic To offer proof of identity in accordance with § 18 of the German Personnel Reference Act or in accordance with § 78 (5) of the Residence Act.

Footnote

§ 2 para. 2 italic print: occurs gem. Art. 31 (4) sentence 1 G v. 25.7.2013 I 2749 a calendar year after the establishment of the IT procedure centrally offered to the Federal Administration, via which De-Mail services are offered to federal authorities, in force unofficial table of contents

§ 3 Information on authorities and on their procedures in publicly accessible networks

(1) Each authority provides public access to networks in general Information on their tasks, address, business hours, as well as postal, telephone and electronic accessibility.(2) Each authority shall, through publicly accessible networks, in general, understand its external public service activities, related fees, documents to be provided and the competent contact point and its competent authority. Provide information as well as provide required forms.(3) In the case of municipalities and local associations, paragraphs 1 and 2 shall apply only if this is arranged according to national law. Non-official table of contents

§ 4 Electronic payment options

Fees as part of an electronically managed administrative procedure or other claims, the Authority shall require the payment of those fees or the payment of those other claims by participation in at least one of the usual and sufficiently secure payment procedures in electronic commerce . Non-official table of contents

§ 5 evidence

(1) If an administrative procedure is carried out electronically, the documents to be submitted can be electronically submitted. , unless otherwise provided for by law, or the authority requires the submission of an original for certain procedures or in individual cases. The Authority shall decide, at its discretion, the type of electronic submission that may be allowed to determine the facts.(2) The competent authority may, with the consent of the party to the proceedings, obtain the necessary evidence from a German public authority directly from the issuing public body. For this purpose, the requesting authority and the issuing public body may collect, process and use the personal data required.(3) Unless otherwise provided by law, the consent referred to in paragraph 2 may be declared electronically. In doing so, the authority shall ensure that the person concerned
1.
has deliberately and unambiguously given his consent,
2.
The content of the consent can be retrieved at any time and
3.
the consent at any time with effect for the The future can be revoked.
The consent is to be recorded. Non-official table of contents

§ 6 Electronic briefing

The federal authorities are to carry out their files electronically. Sentence 1 shall not apply to those authorities in which the conduct of electronic files is uneconomic in the case of long-term viewing. If a file is conducted electronically, appropriate technical and organisational measures in accordance with the state of the art must ensure that the principles of proper file management are complied with.

Footnote

§ 6 Sentence 1 italic print: kick in accordance with Art. 31 (5) G v. 25.7.2013 I 2749 on 1.1.2020 in force unofficial table of contents

§ 7 Transfer and destruction of the paper originals

(1) The federal authorities shall, in so far as they carry files electronically, in place of paper documents shall keep their electronic reproduction in the electronic file. In the case of transmission to electronic documents, according to the state of the art, it is necessary to ensure that the electronic documents with the paper documents are identical in terms of content and content if they are made legible. The transfer of paper documents into electronic documents may be waited if the transfer requires a disproportionate technical effort.(2) Paper documents referred to in paragraph 1 shall be destroyed or returned after transmission to electronic documents as soon as further storage is no longer due to legal reasons or to quality assurance of the transfer operation is required. Non-official table of contents

§ 8 File inspection

If there is a right to inspect files, the authorities of the federal government, the files can be sent electronically. file view by providing
1.
a file expression,
2.
Play the electronic documents on a screen,
3.
Submit electronic documents or
4.
Allow electronic access to the contents of the files.
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§ 9 Optimisation of administrative procedures and information on the state of the proceedings

(1) Federal authorities are to be responsible for administrative procedures, which for the first time are essential parts of , to document, analyse and optimise the use of information technology systems using common methods. In the interest of the parties to the proceedings, they shall organise the procedures in such a way that information on the state of the proceedings and on the further procedure as well as the contact information of the contact point responsible at the time of the request shall be provided by electronic means Paths can be retrieved.(2) The measures referred to in paragraph 1 may be waited to the extent that such measures would constitute an unjustifiable economic additional effort or are contrary to other compelling reasons. In addition, the measures referred to in the second sentence of paragraph 1 may be waited if they are contrary to the purpose of the proceedings or if they violate a statutory protection standard. The reasons for the sentences 1 and 2 shall be documented.(3) Paragraphs 1 and 2 shall apply in accordance with all major changes in the administrative procedures or the information technology systems used. Non-official table of contents

§ 10 Implementation of standardization decisions of the IT planning board

Fasst of the planning board for IT cooperation of the Public administration between the Federal Government and the Länder (IT Planning Council) a decision on subject-independent and interdisciplinary IT interoperability or IT security standards pursuant to § 1 (1), first sentence, point 2, and § 3 of the Treaty establishing the European Union of the IT Planning Council and on the basis of the cooperation in the use of information technology in the administrations of the Federal Government and the Länder-Treaty for the implementation of Article 91c GG (BGBl. 662, 663), the Council of the IT Representatives of the Federal Government (IT Council) decides on the implementation of this decision within the Federal Administration. § 12 of the Act on the Federal Office for Information Security shall apply accordingly. Non-official table of contents

§ 11 Common procedures

(1) Common procedures are automated procedures, the number of responsible bodies in the The purpose of the Federal Data Protection Act is to enable the processing of personal data in or out of a data set. To the extent that common procedures should also allow the retrieval of other bodies, the procedure for the retrieval procedures is § 10 of the German Federal Data Protection Act.(2) The participation of public authorities in the federal government pursuant to § 2 (1) of the Federal Data Protection Act (Bundesdatenschutzgesetz) in common procedures shall only be permissible if this is done in the light of the legitimate interests of the persons concerned and of the tasks of the parties concerned. It is appropriate to do so. The rules on the admissibility of the processing of the data in individual cases shall remain unaffected.(3) Prior to the establishment or substantial modification of a common procedure, a prior check is to be carried out in accordance with § 4d (5) and (6) of the Federal Data Protection Act and the Federal Commissioner for Data Protection and Freedom of Information listen. It shall submit the provisions of paragraph 4 and the result of prior checking.(4) Prior to the establishment or substantial modification of a common procedure, the information in accordance with § 4e sentence 1 of the Federal Data Protection Act must be specified in writing, in particular,
1.
what procedure is applied and what is the point of setting, changing, developing and complying with technical and technical specifications for the common The procedure is responsible and
2.
which of the participating bodies are responsible for the legality of the data collection, processing and use '.
The authorities responsible in accordance with the first sentence of 1 (1) shall designate one of the parties whose data protection officer shall be responsible for a copy of the list to be drawn up by the parties concerned within the meaning of Article 4g (2) sentence 1 of the The Federal Data Protection Act (Bundesdatenschutzgesetz) is held in accordance with the second sentence of § 4g (2) of the German Federal Data Protection Act, together with the information provided for in the first and second sentences of the first sentence of sentence 1 and 2, for the inspection of all persons. In accordance with the first sentence of the first sentence, it is also possible to determine responsible bodies which may entrure other bodies with the collection, processing and use of personal data for the common procedure. § 11 of the Federal Data Protection Act remains unaffected by the rest.(5) Where different data protection rules apply to the parties involved, the establishment of a common procedure shall be governed by which data protection law shall be applied. It is also necessary to determine which supervisory authorities are examining compliance with the data protection rules.(6) The persons concerned may assert their rights in accordance with § § 19 to 20 of the Federal Data Protection Act against each of the parties involved, regardless of which body in the individual case for the processing of the respective data pursuant to paragraph 4, sentence 1 Number 2 is responsible. The body to which the person concerned applies shall forward the request to the relevant competent authority. Non-official table of contents

§ 12 Requirements for providing data, regulation empowerment

(1) Public authorities over public Data accessible networks, in which a user interest, in particular a further interest in the use of the information in the sense of the information re-use law, is to be expected, then in principle machine-readable formats are to be used. A format is machine-readable if the contained data can be read out and processed automatically by software. The data is to be provided with metadata.(2) The Federal Government shall be empowered to lay down provisions for the use of the data referred to in paragraph 1 by means of a legal regulation with the consent of the Federal Council. The terms of use are intended to cover commercial and non-commercial use. In particular, you should regulate the extent of use, terms of use, warranty and liability exclusions. No rules on cash benefits can be made.(3) Regulations in other legislation concerning technical formats in which data are to be made available shall be carried out in so far as they guarantee machine readability.(4) Paragraph 1 shall apply to data prior to 31 December 2008. Only if they are available in machine-readable formats, July 2013 was created.(5) Paragraph 1 shall not apply to the extent to which the rights of third parties, in particular those of the countries, are contrary. Non-official table of contents

§ 13 Electronic forms

is required by law to use a specific form, which is a The signature field is not provided by the arrangement of the written form alone. In the case of a version of the form which is intended for electronic dispatch to the Authority, the signature field shall be deleted. Non-official table of contents

§ 14 Georeferencing

(1) If an electronic register is used to determine what is to be found in terms of domestic land , the Authority shall, in the register, have a direct georeferencing (co-ordinated) defined throughout the country (co-ordinates) to the respective parcel, the building or to a territory defined in a law , to which the information refers.(2) Register within the meaning of this Act are those for which data are collected or stored on the basis of federal legislation; this may be public and non-public registers. Non-official table of contents

§ 15 Official forms of notification and delivery

(1) A duty determined by law of the Federal Republic of Germany to the Without prejudice to the provisions of Article 82 (1) of the Basic Law, publication in an official notification or delivery bulletin of the Federal Government, a country or a municipality may be carried out in addition or exclusively by an electronic edition, when it is offered through publicly accessible networks.(2) Each person must have reasonable access to the publication, in particular by means of the possibility of ordering printouts or accessing the publication in public institutions. It must be possible to subscribe to the publication or to have an electronic reference to new publications. Where there is only one electronic edition, this shall be made available in a suitable manner in publicly accessible networks. It is necessary to ensure that the published contents are generally and permanently accessible and that a change in the content is excluded. In the case of simultaneous publication in electronic and paper-bound form, the issuing body shall have a regulation to determine which form is to be regarded as the authentic one. Non-official table of contents

§ 16 Accessibility

The federal authorities are to provide the barrier-free design of electronic communications and ensure the use of electronic documents in accordance with § 4 of the Act on Equal Opportunities for Disabled Persons in an appropriate manner.