Law on the Promotion of Electronic Administration (eGovernment Act-EGovG)

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EGovG

Date of completion: 25.07.2013

Full quote:

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

Footnote

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

  

The G was decided as Article 1 of the G v. 25.7.2013 I 2749 by the Bundestag with the consent of the Bundesrat. It's gem. Art. 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) shall take effect 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 Summary

§ 1	Scope
§ 2	Electronic access to administration
§ 3	Information on public authorities and on their procedures in publicly accessible networks
§ 4	Electronic payment options
§ 5	Evidence
§ 6	Electronic records
§ 7	Transfer and destroy the paper originals
§ 8	File View
§ 9	Optimisation of administrative procedures and information on the state of the proceedings
§ 10	Implementation of standardization decisions of the IT Planning Council
§ 11	Common procedures
§ 12	Requirements for the provision of data, regulation empowerment
§ 13	Electronic Forms
§ 14	Georeferencing
§ 15	Official Notification Sheets and Announcement
§ 16	Accessibility

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§ 1 Scope

(1) This Act applies to the public administration activities of the federal authorities, including the federal bodies, institutions and foundations of public law. (2) This law applies also to the Public administration activities of the authorities of the countries, municipalities and associations of municipalities and other legal persons under public law under the authority of the country, if they execute federal law. (3) For the Activities of the judicial authorities and the authorities of the judicial administration, including this law applies only to the bodies of public law subject to their supervision, to the extent that the activities of the review by the courts of administrative jurisdiction or the review by those in administrative law, (4) This Act applies unless the laws of the Federal Republic of Germany contain identical or conflicting provisions. (5) This Act does not apply to the law of the Federal Republic of Germany.

1.

prosecution, prosecution and punishment of administrative offences, legal assistance for foreign countries in criminal and civil matters, tax and customs duty (§ 208 of the German Tax Code) and for measures of judicial service law,

2.

Proceedings before the German Patent and Trademark Office and the arbitral offices established at the German Patent and Trademark Office,

3.

the administrative activity according to the Second Book of Social Code.

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§ 2 Electronic access to administration

(1) Each authority shall also have access to the transmission of electronic documents, even if they are provided with a qualified electronic signature. (2) Each authority of the Federation shall be obliged to: to open electronic access in addition to a De-Mail address within the meaning of the De-Mail-Law, unless the Federal Government has no access to the IT procedure centrally offered to the Federal Administration, via the De-Mail-Services for Federal authorities are offered. (3) Each federal authority shall be obliged to: Administrative procedure in which it has to determine the identity of a person on the basis of a piece of legislation or, for other reasons, considers that an identification is necessary, an electronic proof of identity in accordance with § 18 of the To offer staff expulsion law or pursuant to Section 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 for 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

Each authority shall make available to publicly accessible networks in general, information on their tasks, address, business hours, as well as postal, telephone and electronic availability. (2) Each authority shall provide information on the The 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 Provide information as well as provide required forms. (3) For Municipalities and associations of municipalities shall be subject to paragraphs 1 and 2 only if this is arranged according to national law. Unofficial table of contents

§ 4 Electronic payment options

In the case of an electronic administrative procedure, fees or other claims shall be subject to the payment of those fees or the payment of those other claims by taking part in at least one of the fees charged by the competent authority. to enable electronic commerce to be carried out in a way that is secure and secure Unofficial table of contents

§ 5 Nachweise

(1) Where an administrative procedure is carried out electronically, the documents to be submitted may be submitted electronically, unless otherwise specified by law or by the authority for certain procedures or in the Individual case requires the submission of an original. The Authority shall decide, at its discretion, what type of electronic submission may be allowed in order to determine the facts. (2) The competent authority may provide necessary evidence originating from a German public authority, with: to obtain the consent of the party to the proceedings directly from the issuing public office. 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 may be granted in accordance with paragraph 2. to be electronically explained. In doing so, the Authority shall ensure that the person concerned is

1.

has given its consent in a clear and unambiguous way,

2.

can access the content of the consent at any time; and

3.

the consent can be revoked at any time with effect for the future.

The consent must be recorded. Unofficial table of contents

§ 6 Electronic briefing

The authorities of the federal government are to conduct 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. Where a file is conducted electronically, appropriate technical and organisational measures in accordance with the state of the art shall ensure that the principles of proper file management are complied with.

Footnote

§ 6 Sentence 1 Italic Pressure: Occurs gem. Art. 31 (5) G v. 25.7.2013 I 2749 in force on 1.1.2020 Unofficial table of contents

§ 7 Transfer and destruction of the original paper

(1) The authorities of the federal government shall, as far as they carry files electronically, keep their electronic reproduction in the electronic file instead of paper documents. 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 to electronic documents may be waited if the transfer requires a disproportionate technical effort. (2) Paper documents referred to in paragraph 1 shall be sent to electronic documents after transfer shall be destroyed or returned as soon as further storage is no longer necessary for legal reasons or for quality assurance of the transfer operation. Unofficial table of contents

§ 8 File inspection

To the extent that there is a right of access to the file, the authorities of the federal government which carry out the files electronically may grant access to the file by means of a request for access to the file

1.

provide a document expression,

2.

to reproduce the electronic documents on a screen,

3.

transmit 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 document, analyse and optimise administrative procedures, which for the first time are mainly electronically supported, before the introduction of the 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 person responsible at the time of the request shall be responsible for electronic (2) The measures referred to in paragraph 1 may be waited to the extent that such measures would constitute an unjustifiable additional economic 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. Unofficial table of contents

§ 10 Implementation of standardization decisions of the IT Planning Council

When the Planning Council for IT Cooperation between the Federal Government and the Länder (IT Planning Council) takes a decision on subject-independent and interdisciplinary IT interoperability or IT security standards in accordance with § 1 paragraph 1 sentence 1 (2) and (3) of the Treaty on the establishment of the IT Planning Council and on the basis of cooperation in the use of information technology in the administrations of the Federal Government and the Länder-Contract 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. Unofficial table of contents

Section 11 Common procedures

(1) Common procedures are automated procedures that enable a number of responsible bodies within the meaning of the Federal Data Protection Act to process personal data in or out of a data set. To the extent that common procedures should also allow for the retrieval of other bodies, the same applies to the retrieval procedures § 10 of the Federal Data Protection Act. (2) The participation of public authorities in the federal government pursuant to § 2 paragraph 1 of the Federal Data Protection Act (Bundesdatenschutzgesetz) A common procedure shall be admissible only if it is appropriate in the light of the legitimate interests of the parties concerned and of the tasks of the bodies involved. The rules on the admissibility of the processing of the data in individual cases remain unaffected. (3) Prior checking pursuant to § 4d (5) and (6) of the procedure before the establishment or substantial modification of a common procedure is Federal Data Protection Act to be carried out and the Federal Commissioner for Data Protection and Freedom of Information to be heard. (4) Before the establishment or substantial modification of a common procedure, the information in accordance with § 4e sentence 1 of the Federal Data Protection Act (Bundesdatenschutzgesetz) shall be written out in writing. in particular,

1.

which procedure is applied and which body is responsible for the establishment, modification, development and compliance with technical and technical requirements for the common procedure; and

2.

which is responsible for the lawfulness of the collection, processing and use of data.

The authorities responsible in accordance with the first sentence of the first subparagraph 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) As far as different data protection regulations apply to the parties involved, the establishment of a common procedure shall be governed by which data protection law shall be applied. In addition, it is necessary to determine which supervisory authorities will verify compliance with the data protection regulations. (6) The persons concerned may exercise their rights in accordance with § § 19 to 20 of the German Federal Data Protection Act (Bundesdatenschutzgesetz) in relation to each of the parties involved. irrespective of the body responsible for the processing of the relevant data referred to in the first sentence of paragraph 4, point 2. The body to which the person concerned applies shall forward the request to the relevant competent authority. Unofficial table of contents

§ 12 Requirements for the provision of data, empowerment authorisation

(1) Where authorities provide data on publicly accessible networks where a user interest, in particular a further use interest in the sense of the information re-use law, is to be expected, such data shall, in principle, be machine-readable formats. A format is machine-readable if the contained data can be read out and processed automatically by software. The data shall be provided with metadata. (2) The Federal Government is empowered to establish, by means of a regulation with the consent of the Federal Council, provisions for the use of the data in accordance with paragraph 1. The terms of use are intended to cover commercial and non-commercial use. In particular, you should regulate the scope 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 provided in so far as they ensure machinability. (4) Paragraph 1 shall apply to: Data created before 31 July 2013 only if it is available in machine-readable formats. (5) Paragraph 1 does not apply insofar as the rights of third parties, in particular of the countries, are contrary. Unofficial table of contents

§ 13 Electronic forms

If, by law, the use of a certain form is required, which provides for a signature field, it is not the case that the arrangement of the written form is effected solely in this way. In the case of a version of the form which is intended for electronic dispatch to the Authority, the signature field shall not be used. Unofficial table of contents

§ 14 Georeferencing

(1) If an electronic register containing information relating to domestic land is re-established or revised, the Authority shall have a direct geo-reference (co-ordinated) to the register, which has been defined in a uniform manner throughout the country (Coordinate). (2) Register within the meaning of this Act are those for which data are based on the law of the Federal Republic of Germany. shall be collected or stored, which may be public and non-public Register. Unofficial table of contents

§ 15 Official Announcement and Announcement Sheets

(1) Without prejudice to Article 82 (1) of the Basic Law, an obligation to publish in an official notification or delivery bulletin of the Federal Government, a country or a municipality is subject to the obligation to publish a publication in an official notification or delivery document. (2) Each person must have reasonable access to the publication, in particular through the possibility of ordering printouts. or in public institutions to access the publication. 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. Unofficial table of contents

§ 16 Accessibility

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