Law For The Promotion Of Electronic Administration

Original Language Title: Gesetz zur Förderung der elektronischen Verwaltung

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.gesetze-im-internet.de/egovg/BJNR274910013.html

Law for the promotion of electronic administration (E-government law - EGovG) EGovG Ausfertigung date: 25.07.2013 full quotation: "E-Government Act of 25 July 2013 (Federal Law Gazette I p. 2749)" footnote (+++ text detection from: 1.8.2013 +++) as article 1 of the G v. 25.7.2013, the G was I 2749 decided by the German Bundestag, with the consent of the Federal Council. It is accordance with art. 31 para. 1 of this G on the 1.8.2013 entered into force. § 2 ABS. 1 com. Article 31 para. 2 of this G on the 1.7.2014 into force. Article 2 par. 3 and § 14 Pursuant article 31 § 3 of this G on the 1.1.2015 into force. § 2 paragraph 2 occurs pursuant Article 31 para. 4 of this G iVm BEK. v. 21.4.2015 I 678 mWv 24.3.2016 into force. § 6 sentence 1 as per article 31 paragraph 5 of this G on the 1.1.2020 enter into force.

Table of contents section 1 scope article 2 of electronic access management sec. 3 information to authorities and their procedures in publicly accessible networks § 4 electronic payment options section 5 evidence § 6 electronic filing section 7 transfer and destruction of the paper original article 8 inspection § 9 optimization of management processes and information to the section 10 State implementation of standardization decisions the IT Planning Council section 11 common procedure § 12 requirements for deploying data, authority to issue regulations § 13 electronic forms section 14 georeferencing § 15 official notification and announcement leaves 16 accessibility § 1 scope (1) this Act applies for the public administration activities of the authorities of the Federal Government including federal authorities, establishments and foundations governed by public law.
(2) this Act also applies to below legal persons of governed by public law the public administration activities of the authorities of the countries, the municipalities and municipal associations and the other in the supervision of the country, when they carry out federal law.
(3) this Act for the activities of the court authorities and the authorities of the administration of justice including the subject to their supervisory authorities established of under public law applies only where the activity is subject to review by the courts of administrative jurisdiction or the review by the courts in administrative lawyer, patent attorney and notary matters.
(4) this Act is not legislation of the Federation included identical or contrary provisions.
(5) this Act does not apply to 1 prosecution, prosecution and punishment of offences, the legal assistance to foreign countries in criminal and civil matters, the tax and customs investigation (section 208 of the tax code) and for measures of judge service law, 2. proceedings before the German patent and Trademark Office and in this established arbitration boards, 3. the Administration activity according to the second book of the social code.

§ 2 electronic access to the Administration (1) any authority is obliged to open access for the delivery of electronic documents, even if they are provided with a qualified electronic signature,.
(2) any agency of the Federal Government is committed, the electronic access in addition offered through an email address within the meaning of the mail law to open, unless the authority of the Federal Government has no access to the IT process offered Central for the Federal Administration, regarding the mail services for federal agencies.
(3) any agency of the Federal Government is obliged, in administrative proceedings, to ascertain the identity of a person on the basis of a legal provision or other reasons deemed an identification necessary to offer an electronic proof of identity according to § 18 of the identity card Act or § 78, paragraph 5 of the residence Act.
Footnote § 2 para 2 italic type: com. art. 31 para 4 sentence 1 G v. 25.7.2013 I 2749 occurs calendar year after start of operations of the IT process offered Central for the Federal Administration, via the mail services for federal agencies are offered, in force article 3 to authorities and their procedures in public networks (1) each authority provides information information about your tasks over publicly accessible networks in popularized language , their address, their business hours, as well as postal, telephonic and electronic contact details available.
(2) any authority to over publicly accessible networks in popularized language inform about their outward-looking public activity, associated fees, to breaking records and the competent point of contact and their availability, as well as provide necessary forms.
(3) paragraphs 1 and 2 apply unless this is arranged according to state law for municipalities and municipal associations.

§ 4 electronic payment options fall within the framework of an administrative procedure electronically charges or other claims on, must the authority allow the payment of these fees or payment this other receivables usual and sufficiently secure payment process through participation in at least one in e-commerce.

§ 5 proof of (1) an administrative procedure is carried out electronically, the evidence to be submitted can be submitted electronically, unless that legislation, something else is designated or the authority for certain procedures or in a particular case requires the template of an original. The authority shall decide, after due consideration, which type of electronic filing for the determination of the facts is allowed.
(2) the competent authority may obtain required certificates, coming from a German public authority, with the consent of the parties directly to the issuing public body electronically. To this end, the requesting authority and the issuing public authority may raise the required personal data, process, and use.
(3) as long as nothing else is determined by law, the consent may be declared electronically pursuant to paragraph 2. This is to ensure the authority that the person concerned 1. deliberately and clearly has given his consent, 2. at any time can retrieve the contents of the consent and 3 at any time may revoke the consent with effect for the future.
The consent shall be recorded.

Electronic filing the federal authorities should lead their files electronically § 6. Sentence 1 does not apply to such authorities, where the electronic files for long-term consideration is uneconomical. Is a file electronically, is through appropriate technical and organisational measures according to the State of the art to ensure compliance with the principles of proper records.
Footnote 6, sentence 1 italic: occurs as per article 31 paragraph 5 G BC 25.7.2013 I 2749 on the 1.1.2020 into force § 7 transfer and destruction of the paper original (1) the federal authorities should as far as they result in electronic files, store their electronic playback in the electronic file instead of paper documents. Transmission in electronic documents is to ensure that the electronic documents figuratively and in terms of content match the paper documents, if they are made to read after the State of the art. The transmission of paper documents into electronic documents may be waived if the transfer requires disproportionate technical effort.
(2) paper referred to in paragraph 1 are destroyed after the transfer in electronic documents or documents returned, once a further storage no longer legal reasons or to the quality assurance of the transfer operation is required.

§ 8 the electronic access to the contents of the files allow inspection as far as a right of access to the file, the authorities of the Federal Government, which electronically files allow inspection of this 1 to a file expression available, can play back 2 the electronic documents on a screen, electronic documents submit 3 or 4.

§ 9 optimization of management processes and information to the State (1) Federal authorities to document administrative procedures that are supported to largely electronically for the first time, before the introduction of the information technology systems, using common methods, analyze and optimize. While they should the processes make so in the interests of the parties, that can retrieve information about the status and the other procedures, as well as the contact details of the competent at the time of the enquiry point of contact by electronic means.
(2) of the measures referred to in paragraph 1 may be waived, as far as this would mean a not acceptable economic overhead or other compelling reasons to oppose. Set of 2 may be waived by the measures referred to in paragraph 1 also, if they conflict with the purpose of the process or violate a legal standard of protection. The reasons must be documented pursuant to sentences 1 and 2.
(3) paragraphs 1 and 2 shall apply mutatis mutandis in all significant changes of administrative procedures or the used information technology systems.

Article 10 implementation of standardization decisions IT Planning Council
Contains the Planning Council for IT cooperation of public administration between federal and State (IT Planning Council) a decision about professional independent and interdisciplinary IT interoperability - or IT security standards referred to in article 1, paragraph 1, sentence 1 number 2 and § 3 of the Treaty on the establishment of the IT Planning Board and on the basis of cooperation in the use of information technology in the administration of federal and state - contract for the execution of article 91 c GG (Federal Law Gazette 2010 I p. 662) , 663), so the Council of IT representative of the Federal Government (IT Council) decides the implementation of this decision within the Federal Administration. § 12 of the Federal Office for security in information technology Act shall apply mutatis mutandis.

§ 11 common procedures (1) common procedures are automated processes that allow the processing of personal data to or from a database several responsible bodies within the meaning of the Federal Data Protection Act. Where common procedures to give also the views of other bodies, § 10 of the German Federal Data Protection Act applies to the retrieval procedures in so far.
(2) the participation of public bodies of the Federation according to article 2, paragraph 1, of the Federal Data Protection Act common procedures is only allowed if this is appropriate, taking into account the legitimate interests of the persons concerned and the tasks of the bodies involved. Prejudice to the provisions on the admissibility of the processing of data in individual cases.
(3) before the establishment or significant modification of a common procedure is to hear prior inspection according to § 4 d paragraph 5 and 6 carry out of the Federal Data Protection Act and the Federal Commissioner for data protection and freedom of information. The provisions of paragraph 4 and the result of the prior checking him shall be provided.
(4) before the establishment or significant modification of a common procedure of the Federal Data Protection Act, 1 which procedure will be applied, and which authority be responsible for the establishment, change, development and adherence to professional and technical specifications for the common procedure and 2. is which the stakeholders over the information pursuant to § 4e sentence 1 to set out in writing in particular each for the legitimacy of data collection , processing and utilization is responsible.
The pursuant to sentence 1 number 1 authorities determine one of the stakeholders, whose Beauftragter privacy kept a copy of the browser to be created by the stakeholders within the meaning of § 4 g paragraph 2 sentence 1 of the German Federal Data Protection Act and holds 4 g paragraph 2 sentence 2 of the Federal data protection act together with the information to set according to § 1 Nos. 1 and 2 to the insight for everyone. Pursuant to sentence controllers also can be determined 1 number 1, who may hire other posts with the collection, processing and use of personal data for the common procedure. section 11 of the Federal Data Protection Act remains otherwise unaffected.
(5) where different privacy rules apply to the stakeholders, is to regulate which privacy law is applied prior to establishment of a common procedure. Furthermore, it is to determine which checkpoints verify compliance with data protection rules.
(6) the persons concerned can make their rights according to articles 19 and 20 of the Federal data protection act against any of the bodies involved, regardless of where in individual cases for the processing of the data pursuant to paragraph 4 sentence 1 number 2 is responsible. The place at which the person concerned turns, forwards the requests to the relevant competent authority.

§ 12 requirements for deploying data, authority to issue regulations (1) authorities over public networks data available, which use interest, in particular a re-use interest within the meaning of the information re-use, is expected, so are basically machine-readable formats. A format is machine readable, if the contained data can be automatically extracted and processed by software. The data are to be provided with metadata.
(2) the Federal Government is empowered to lay down rules for the use of the data referred to in paragraph 1 by decree with the consent of the Federal Council. The terms should cover the commercial and non-commercial use. You should regulate in particular the extent of use, terms of service, warranty and liability exclusions. No rules regarding cash benefits may be taken.
(3) provisions in other legislation on technical formats, in which to expose data, proceed as far as ensuring machine-readability.
(4) the provisions of paragraph 1 applies to data that were created before July 31, 2013, only if they are in machine-readable formats.
(5) the provisions of paragraph 1 shall not apply where rights conflict with third parties, in particular the countries.

§ 13 electronic forms is by legislation the use of a particular form prescribed, foresees the a signature field, is alone this does not the arrangement in writing. For a version of the form for electronic delivery to the authority, the signature field is omitted.

§ Is rebuilt 14 georeferencing (1) an electronic register that contains information related to domestic real estate, new or revised, the authority in the register has a nationwide uniform set direct georeferencing (coordinate) to the respective floor piece, to record the building or area one defined in a law, which relates the data.
(2) register in the meaning of this law are those for which data on the basis of laws and regulations of the Federal Government were collected or stored; These can be public and non-public registers.

§ 15 certain official notification and announcement leaves (1) a legislation of the federal obligation to the publication in an official notification or announcement sheet of the Confederation, a country or paragraph 1 of the basic law can be fulfilled without prejudice to article 82 in addition or exclusively a community by an electronic version, if offered over public networks.
(2) any person must have adequate access to the publication, in particular through the ability to order prints or in public facilities on the publication to access. There must be the possibility to subscribe to the publication or electronically to obtain an indication of new publications. There is only an electronic version, this is in publicly accessible networks in appropriate ways to make known. It is to ensure that the published content are generic and permanently accessible and a modification of the content is excluded. At simultaneous publication in electronic and paper-based form, the issuing authority has a policy to make is which form as the authentic.

§ 16 accessibility the federal authorities to ensure the barrier-free design of electronic communication and the use of electronic documents according to § 4 of the disability equality act in an appropriate manner.