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Act Of 17 February 2005 On The Computerization Of The Business Entities Pursuing Public Tasks

Original Language Title: USTAWA z dnia 17 lutego 2005 r. o informatyzacji działalności podmiotów realizujących zadania publiczne

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ACT

of 17 February 2005

o computerisation of the activities of entities carrying out public tasks

Chapter 1

General provisions

Article 1. [ Substantive Scope] The Act lays down rules:

1) the financing of IT projects of public application,

2) setting minimum requirements for the ICT systems used for public tasks and for public registers and for the exchange of information in electronic form with public entities and for the setting of the National Framework Interoperability of ICTs in a way that guarantees technological neutrality and disclosure of the standards and specifications used,

3) the adaptation of the information and communication systems used for the implementation of public tasks to the minimum requirements for the information and communication systems used for the implementation of public tasks and the National Framework for Interoperability of Telecommunication Systems in such a way as to guarantee technological neutrality and the disclosure of the standards and specifications used,

4) adaptation of public registers and the exchange of information in electronic form with public entities to minimum requirements for public registers and the exchange of information with public entities and to the National Framework for Interoperability of Systems Teleinformatics in a way that guarantees technological neutrality and the disclosure of the standards and specifications used,

5) control of IT projects of public application, the information and communication systems used for the implementation of public tasks, public registers and the exchange of information in electronic form with public entities,

6) exchange of information by electronic means, including electronic documents, between public entities and non-public entities,

7) the setting and publication of specifications of solutions used in the software enabling the pooling and exchange of information, including the transmission of electronic documents, between the ICT systems of public entities and party systems non-public entities,

8) the functioning of the electronic platform of public administration services, hereinafter referred to as "ePUAP",

9) the functioning of the central repository of designs of electronic documents,

10) (repealed)

-in order to protect the public interest, including the exercise by the State of the freedom to choose the technology in the processes of computerisation of the public tasks.

Article 2. [ Scope of application] 1. Subject to paragraph. 2-4, the provisions of the Act apply to the realization of public tasks defined by the Act:

1) bodies of government administration, state control bodies and the protection of the law, courts, organizational units of the prosecutor's office, as well as the units of local government and their bodies,

2. budgetary units and local budget units,

3) the special-purpose funds,

(4) self-contained public health establishments and companies carrying out medicinal activities within the meaning of the provisions on medicinal activities,

5. Social Insurance Institution, The Agricultural Social Insurance Fund,

6) the National Health Fund,

7) state or local legal persons established on the basis of separate laws for the purpose of public tasks

-hereinafter referred to as "public entities".

2. Article Recipe 13 (1) Article 2 (1) shall also apply to an entity to which a public body has entrusted or ordered the execution of a public task if, in the course of the performance of that task, there is an obligation to provide information to or from entities which are not bodies government administration.

3. The provisions of the Act do not apply to state-owned enterprises, commercial companies, special services within the meaning of art. 11 of the Act of 24 May 2002. o Internal Security Agency and the Intelligence Agency (Dz. U. of 2016 r. items 1897, 1948 and 1955 and from 2017. items 60), Chancellery of the Sejm, Chancellery of the Senate, Chancellery of the President of the Republic of Poland and the National Bank of Poland, with the exception of art 13 (1) 2 (1) where, in connection with the performance of the tasks by those entities, there is an obligation to provide information to and from entities not governed by government administration, and with the exception of art. 13a, art. 19c and art. 19d.

4. The provisions of Chapter 4 do not apply to research and development units, public universities, the Polish Academy of Sciences and the established organizational units, the Ombudsman, the Constitutional Tribunal, the Supreme Court, the courts administrative, the Supreme Chamber of Control, the National Council of Radio and Television, the National Electoral Office, the Institute of National Memory-the Committee for the Prosecuting of Crimes against the Polish National, General Inspector of Personal Data Protection, the Commission Financial Supervision and the General Inspector of Financial Information.

Article 3. [ Definitions] The terms used in the Act shall mean:

1) computer data medium-material or device used for storing, storing and reading data in digital form;

2) an electronic document-constituting a separate whole of the character-based data set in a specific internal structure and stored on an IT data medium;

3) the ICT system-a team of cooperating IT devices and software ensuring the processing, storage, and sending and receiving of data by telecommunications networks with the help of a given type of telecommunication network of the terminal equipment within the meaning of the provisions of the Act of 16 July 2004. -Telecommunications law (Dz. U. of 2016 r. items 1489, 1579, 1823, 1948, 1954 and 2003);

4. means of electronic communication-means of electronic communication within the meaning of art. 2 point 5 of the Act of 18 July 2002. on the provision of services by electronic means (Dz. U. of 2016 r. items 1030 and 1579);

5) a public register-a register, a register, a list, a list, an inventory or other form of records, serving to carry out public tasks, run by a public entity on the basis of separate statutory provisions;

6) IT project on public application-a set of organizational and technical tasks in the documentation designed to build, build or modernise the ICT system used for the implementation of tasks public service, ensuring the maintenance of the system or the development of procedures for the implementation of public tasks by electronic means;

7) a cross-sectoral IT project-an IT project with a public application, the scope of which concerns matters belonging to the properties of more than one department of government administration;

8) sectoral IT project-an IT project with a public application, the scope of which concerns matters belonging to the properties of one department of government administration;

9) minimum requirements for ICT systems-a team of organizational and technical requirements, the fulfilment of which by the ICT system used for the implementation of public tasks enables the exchange of data with other systems the ICT used to carry out public tasks and provide access to the information resources made available through these systems;

10) the minimum requirements for public registers and the exchange of information in electronic form-a set of information features, including identifiers and the corresponding characteristics of the structural elements of the transmission of information, such as the content data fields to ensure the consistency of public registers and the exchange of electronic information with public entities;

11) interfaced software-software enabling to connect and exchange data in communication between the IT systems;

12) acceptance tests-documented values of input data entered into the ICT system and associated values of expected outputs, describing the sets of valid responses of the IT system to the given Input data to validate the deployment of the interfaced software

13) an electronic platform of public administration services-a ICT system in which public institutions provide services through a single point of access on the Internet;

14) a trusted ePUAP profile-a set of information identifying and describing an entity or a person who is a user of an account on ePUAP that has been credibly confirmed by the body of the entity specified in art. 2;

15) signature confirmed by the trusted ePUAP profile-an electronic signature of an ePUAP user account, to which the identifying information contained in the trusted ePUAP profile was attached, and also:

(a) clearly indicating the ePUAP trusted profile of the person who carried out the signature,

(b) containing the time of signature,

c) unambigually identifying the ePUAP account of the person who made the signature,

d) authorized by user ePUAP account,

(e) bear and protect the electronic stamp used in ePUAP in order to ensure the integrity and authenticity of the operation of the ePUAP system;

16) (repealed)

17. electronic means of communication-publicly available means of electronic communication for the transmission of an electronic document to a public body using a publicly available electronic means system;

(18) interoperability-the ability of different actors and their ICT systems and public registers to work together to achieve mutually beneficial and agreed objectives, taking into account the sharing of information and knowledge through the business processes supported by them through the use of data exchange through the ICT systems used by these entities;

19) technological neutrality-the principle of equal treatment by the public authorities of information and communication technologies and the creation of conditions for their fair competition, including the prevention of the possibility of elimination of competing technologies at the expansion and modifications to the computerised systems operated or to the creation of competitive products and solutions;

20. official reception attestation-electronic data linked to an electronic document delivered to a public operator or served by him in such a way as to ensure that the subsequent changes made in that data are recognisable, specifying:

(a) the full name of the public body to which the electronic document has been served or which is served by the document,

(b) the date and time when the electronic document was introduced or transferred to the public information system of the public body, in respect of a document to be served on the public body,

(c) the date and time of the signature of the official certificate of receipt by the addressee using the mechanisms referred to in Article 3. 20a par. 1 or 2, in relation to a document served by a public body,

(d) the date and time of manufacture of the official reception certificate;

21. National Framework for Interoperability-a set of semantic, organisational and technological requirements for the interoperability of information and communication systems and public registers;

22) User-a natural person using the information and communication systems;

23) a catalogue of services-a register, made available on the electronic platform of public administration services, containing information about the services provided by public entities;

24) design of the electronic document-a set of data specifying the set, the manner of marking and the requirement of the content and metadata elements of the electronic document, as well as the ability to specify how the data are to be written for the identified items and the how to display on the screen or print individual elements (visualizations);

25) electronic form-a graphical user interface issued by the software used to prepare and generate an electronic document conforming to the corresponding model of the electronic document;

26) the scope of the electronic document-the content of the electronic document necessary for the handling of a particular type of matter by means of this document;

27) authorization-the assignment of a natural or legal person, the powers in the IT system after its positive authentication or confirmation of the will to carry out the task in electronic form by an authenticated user using additional data.

Article 4. [ Compliance with other regulations] The provisions of the Act shall not affect:

1) of the Act of 29 August 1997. on the protection of personal data (Dz. U. of 2016 r. items 922);

2) of the Act of 5 August 2010. on the protection of classified information (Dz. U. of 2016 r. items 1167 and 1948);

3) obligations arising from the need to cooperate with the teleinformatics systems and registers of the authorities of other countries or international organizations;

4) obligations arising from international agreements, as well as membership agreements in international institutions, where the right of a given entity to membership in international institutions has been guaranteed by a legal act of the power of the Act.

Chapter 2

IT projects for public use

Article 5. (repealed)

Article 6. (repealed)

Article 7. (repealed)

Article 8. (repealed)

Article 9. (repealed)

Article 10. (repealed)

Article 11. (repealed)

Article 12. (repealed)

Art. 12a. (repealed)

Article 12b. [ Integrated State Informatization Program] The Council of Ministers, at the request of the Minister responsible for computerisation, shall adopt, by way of a resolution, the Integrated Information Technology Programme, constituting a development programme within the meaning of Article 4 (1) of Regulation (EC) no EC 15 para. 4 point 2 of the Act of 6 December 2006. the rules for the conduct of development policy (Dz. U. of 2016 r. items 383, 1250, 1948 and 1954 and from 2017 items 5).

Article 12c. [ Competition] 1. The Minister competent to inform the IT at least once a year shall conduct a competition for the financing of IT projects with public use or actions supporting the development of the information society, hereinafter referred to as the "contest".

2. The Minister responsible for informatization publishes the notice of the competition in the Public Information Bulletin on the Minister's subjective page.

3. The notice of competition shall specify at least:

1) the subject of the contest;

(2) public entities which can apply for a grant;

3) conditions for participation in the competition;

4) the criteria for assessing the application for funding;

5) the term and conditions for the implementation of the project or project;

6) the amount of financial resources allocated for the implementation of the competition;

(7) the time limit for the submission of applications for funding.

4. Public entities that can apply for a grant shall submit a request for funding to the Minister responsible for information technology.

Art. 12d. [ Contest resolution] 1. The Minister responsible for the informatisation shall decide the competition on the basis of the evaluation of the proposals made by the competition committee and announce the results of the competition.

2. The Minister responsible for computerisation shall, by means of order, appoint a competition committee, and shall specify the composition, the operating mode and the scope of the tasks.

3. The date of publication of the results of the contest is the date of their publication in the Public Information Bulletin on the subject-matter of the Minister responsible for IT matters.

Art. 12e. [ Reference] 1. The applicant may submit to the minister competent to inform the informatization of the appeal from the result of the contest, within 7 days from the day of the announcement of the result of the contest.

2. The appeal filed after the deadline is not subject to consideration. The date of the appeal shall be determined by the date of the appeal to the office serving the Minister responsible for the information of IT.

3. The Minister competent for information shall consider the appeal within 14 days from the date of its impact to the office serving this minister.

Art. 12f. [ Grant Agreement] 1. Financial measures for the financing of projects and projects referred to in art. 12c ust. 1, shall be transferred to the entity whose application for funding has been awarded by means of a competition, in the form of a customs grant, on the basis of an agreement concluded between the Minister responsible for IT and the entity concerned.

2. The grant agreement may not be concluded before the expiry of the time limit referred to in art. 12e ust. 1, and in the case of appeal against the result of the contest-until the examination of the appeal.

Art. 12g. [ Annulment of the competition] 1. The Minister competent for information shall invalidate the contest if:

1) no application for funding has been submitted within the time limit specified in the notice of competition;

2) none of the submitted applications for funding meets the conditions set out in the competition notice.

2. Information on the invalidity of the contest minister responsible for information technology shall be posted in the Public Information Bulletin on the Minister's subjective page.

Art. 12h. [ Delegation] 1. The Minister responsible for informatization shall determine, by means of a regulation:

1. the mode of conduct of the contest and the criteria, method and mode of allocation and the accounting of financial resources for the financing of projects and projects referred to in art. 12c ust. 1, including:

(a) the way in which applications for projects and projects have been assessed,

(b) the manner in which projects and projects are carried out, in accordance with the conditions laid down in the agreement referred to in Article 3. 12f ust. 1;

2. the model of the application for funding;

3. the model of the annual report on the implementation of projects and projects and the settlement of the financial resources allocated;

4) the design of the final report on the implementation of projects and projects and the settlement of the financial resources allocated.

2. The Minister responsible for computerisation, by issuing the regulation referred to in paragraph 2. 1, take into account:

1) the possibility of electronic submission of applications for funding;

2) the need to make an assessment of the applications for funding through objectionable criteria;

3) the need to assess the implementation of projects and projects on the basis of annual reports and the final report;

4) the need to harmonise the applications for funding and the annual and final reports.

Chapter 3

Teleinformatics systems used for public tasks, public registers and the exchange of electronic information between public entities

Article 13. [ Telecommunication systems] 1. A public entity uses public information and communication systems that meet the minimum requirements for ICT systems and ensure the interoperability of systems in accordance with the principles set out in the National Framework. Interoperability.

1a. The provisions of the paragraph. 1 shall not apply to ICTs used for scientific and teaching purposes.

2. A public entity carrying out public tasks using a computer system or by means of electronic communication to transfer data between this entity and a non-governmental body:

1) ensure that the ICT system used for the exchange of data between this entity and non-governmental entities, beyond the minimum requirements referred to in paragraph 1. 1, met the requirement of equal treatment of IT solutions;

2) publishes in the Public Information Bulletin or makes it available in other ways:

(a) a summary of the interfaces used by the IT system used by that entity to carry out the tasks of the public electronic document structures, data formats and communication and encryption protocols,

(b) acceptance tests, subject to paragraph (b). 4.

3. The solutions referred to in paragraph. Article 2 (2) (a) shall not exceed the minimum requirements for information and communication systems.

4. A public entity may not provide acceptance testing, if only data formats and communication and encryption protocols specified in the laws issued pursuant to the Article are to be used in the interfaced software. 18 point 1.

Art. 13a. [ Allowing mutual free use of the computer program] Public entities referred to in art. 2. 1 points 1 to 6, special services within the meaning of Article 1 11 of the Act of 24 May 2002. about the Internal Security Agency and the Intelligence Agency, the Chancellery of the Sejm, the Chancellery of the Senate, the Chancellery of the President of the Republic of Poland, National Bank of Poland, executive agencies, within the meaning of art. 18 of the Act of 27 August 2009. on public finances (Dz. U. of 2016 r. items 1870, 1948, 1984 and 2260 and from 2017. items 60 and 191), as well as the entities referred to in Article 4 (2). 2. 4 not explicitly referred to in Article 4. 2. 1, entitled to exercise of property rights to a computer program developed by employees in the performance of duties on behalf of those entities, may enable each other free use of such rights a computer program.

Article 14. [ Obligations of the public operator to the public register] 1. The public operator of the public register shall be obliged:

1) keep this register in such a way as to ensure that the minimum requirements for the information and communication systems are met, where this register is operated by the use of information and communication systems;

2) keep this register in accordance with the minimum requirements for public registers and the exchange of information in electronic form;

3) to enable the provision of information to this register and to provide information from that register by electronic means, where this register operates using the information and communication systems.

2. The government of the government shall ensure the operation of the public register, using the information and communication systems.

Article 15. [ Ensuring free access to data] 1. The operator of the public register shall provide to the public entity or entity which is not a public entity carrying out public tasks on the basis of separate provisions, or as a result of entrusting or order by a public entity. the implementation, free of charge, access to data collected in the registry, to the extent necessary to carry out those tasks.

2. The data referred to in paragraph. 1, should be made available by means of electronic means of communication and can be used exclusively for the implementation of public tasks.

3. The Council of Ministers shall determine, by means of a regulation, the manner, scope and mode of sharing of the data referred to in paragraph. 1, having regard to the need to improve the implementation of public tasks, to ensure speedy and secure access to data and to safeguard the use of data for the purpose of carrying out public tasks.

4. The transfer by the entity conducting a public register of data from the register to their re-use in order other than the realization of the public task shall take place on the principles laid down in the Act of 25 February 2016. o re-use of public sector information (Dz. U. Entry 352 and 2017 items 60).

Article 16. [ Obligation to provide electronic transmission of data] 1. The public entity, by arranging the processing of data in the ICT system, is obliged to ensure the possibility of transmitting data also in electronic form by the exchange of electronic documents related to the handling of cases that belong to its scope of action, using computer data carriers or electronic means.

1a. The public entity shall provide an electronic inbox, meeting the standards set and published on ePUAP by the Minister responsible for IT, and shall provide it with the service.

1b. The public body shall, within 7 days from the date on which the electronic mailbox is made available, communicate to the Minister responsible for information the information about the address of the public service box.

2. The public body referred to in paragraph 2. 1, the exchange of information shall be carried out in electronic form:

1) with the use of information and communication systems, meeting the minimum requirements for information and communication systems;

2) in accordance with the minimum requirements for public registers and the exchange of information in electronic form.

3. The President of the Council of Ministers shall determine by way of regulation:

1) the organisational and technical conditions for the service of electronic documents, including rules for the creation of electronic delivery box,

2) the form of an official certificate of receipt of electronic documents by the addressees,

(3) the manner in which electronic documents are drawn up and delivered,

4) the manner of making copies of electronic documents available and the conditions for the security of making forms and design documents

-having regard to the minimum requirements for public registers and the exchange of electronic data and the need to improve and standardise the circulation of documents between public entities.

Art. 16a. [ Obligations of the competent authority to determine the model of the document] 1. Where the competent authority has jurisdiction to determine the design of the document, where those provisions do not preclude the transfer of documents by electronic means, the competent authority shall:

1) shall provide the Minister with the competent computerisation of the electronic document with a view to placing it in the central repository of the electronic document templates referred to in Art. 19b par. 1;

2) communicate to the Minister responsible for computerization the description of the service that can be carried out using the electronic document template to include it in the service catalogue;

3) make available on ePUAP or in another telecommunication system an electronic form enabling the generation of an electronic document in order to submit it by means of electronic means of communication.

2. The activities referred to in paragraph 2. 1, the body shall implement within 3 months from the date of entry into force of the provisions specifying the design of the document.

3. The electronic form made available on ePUAP meets the standards specified and published on ePUAP by the minister competent for information technology.

4. Where the electronic form does not meet the standards referred to in paragraph. 3, the minister competent for information technology may call on the body to adapt, within a specified time limit, the electronic form made available on ePUAP to these standards.

5. In the case of maluse within the indicated time limit of the electronic form made available on ePUAP to the standards referred to in paragraph. 3, the minister competent for information technology may delete the electronic form with ePUAP.

Art. 16b. [ The transfer of the model of the document to the central repository of electronic document designs] 1. Where the competent authority has not been designated in the law to determine the design of the document, the design of the electronic document may refer to the central repository of the electronic document designs the authority in which the properties remain cases related to the electronic documents used in this model.

2. The transfer referred to in paragraph 2. 1, Article shall apply. 16a par. 1.

Article 17. [ Council for Digitization] 1. At the minister responsible for computerisation, the Council for the Affairs of Digitization, hereinafter referred to as the "Council", shall be operated. The Council shall be an advisory and advisory body of the Minister.

2. The tasks of the Council shall be:

1) to propose and give an opinion on the request of the Minister responsible for the informatization of the draft positions of the Council of Ministers on the documents of the European Commission and the European Parliament on matters of information, communication or development information society;

1a) opinion of the project of the Integrated Informatization Programme of the State and other government documents, including projects of development strategies and programme projects, within the meaning of the provisions of the Act of 6 December 2006. the principles of development policy, concerning information society, communication or development of the information society;

2) opinion of draft provisions issued on the basis of art. 18;

3) the opinion of others provided by the Minister responsible for the computerisation of draft legislative acts and other documents relating to the information society, communication or development of the information society;

4) an opinion on the order of the Minister responsible for the informatization of reports and other studies concerning:

(a) the needs and demands for the development of the information society,

(b) the functioning of public registers,

(c) the rules for the implementation of the information and communication systems in public administration and the state of

(d) the current technical arrangements applicable to computerisation of administration, network development and broadband services,

e) Polish terminology in the field of computer science and communication.

3. The Council may initiate actions for information technology, the development of the information and communication technology market and the development of the information society.

(4) The Council shall deliver its opinion within 30 days of the receipt of the projects or proposals referred to in paragraph 1. 2.

5. The opinions, minutes of the meetings and other documents of the Council shall be published in the separate section of the Public Information Bulletin on the pages of the Minister responsible for information and information.

(6) The Council shall present to the Minister responsible for computerisation the report on the activities for each calendar year by 30 April of the following year.

7. The Council shall consist of 15 to 20 members.

8. The candidates for the members of the Council may recommend:

1) Ministers;

2) The Chief Executive Of The State Archives;

3) President of the Polish Committee for Standardization;

4) the co-chairs of the self-government of the Commission of the Joint Government and Local Government;

5) scientific units within the meaning of the provisions of the Act of 30 April 2010. on the principles of financing science (Dz. U. of 2016 r. items 2045, 1933 and 2260), which in terms of statutory activities carry out scientific research or development work in the field of computer science or communications;

6) economic chambers representing entrepreneurs performing economic activities in the scope of electronic economy, communication, media, manufacturing of IT equipment, software or providing IT services;

7) associations inscribed in the National Court Register, whose statutory purpose is to represent the IT environment or to support the applications of computer science, electronic economy, communication or the media.

9. Recommended candidate for the Board should have a higher education and agree to stand as a candidate.

10. The Minister responsible for information shall establish the composition of the Council for a two-year term of office from among the candidates recommended by the entities referred to in paragraph 1. 8.

11. Before the expiry of the term of office, the membership of the Council expires on

1) resignation of a member of the Council in writing to the President of the

2) death of a member of the Council

3) inability to exercise the function of a member of the Council due to the long-term illness found by the medical certificate;

4) the withdrawal of the recommendation of the entity referred to in the paragraph. 8.

12. In the cases referred to in paragraph. 11, the Minister responsible for information shall appoint a member of the Council to the person from among the other candidates recommended after checking the current recommendations.

13. The Minister responsible for informatisation shall appoint and dismiss the President and the Vice-President of the Council from among its members.

14. The President of the Council directs her works and represents her outdoors. In the absence of the President, the Vice-President shall replace him.

15. The service of the Council shall be provided by the office serving the minister responsible for computerisation.

16. For the Council meeting, may be invited, by the Minister responsible for computerisation and by the President of the Council, other persons, if appropriate, for the implementation of the tasks of the Council.

17. The Minister responsible for information shall determine, by way of regulation, the amount of the remuneration of the member of the Council for its participation in the meeting, taking into account the functions performed by the members of the Council and the responsibilities of the members of the Council, and whereas the remuneration for one meeting of the Council may not exceed 50% of the minimum remuneration determined under the Act of 10 October 2002. with a minimum wage for work (Dz. U. of 2015 items 2008 and 2016 items 1265), in force on the date of the Council's appointment.

18. The local members of the Council shall be entitled to a subsistence allowance and reimbursement of travel and accommodation expenses under the conditions laid down in the provisions adopted on the basis of art. 77 5 § 2 of the Act of 26 June 1974. -Labour Code (Dz. U. of 2016 r. items 1666, 2138 and 2255 and of 2017 items 60).

(19) The detailed operational modality of the Council shall be laid down by the rules of procedure laid down by the Minister responsible for computerisation at the Council's request.

Article 18. [ Delegation] The Council of Ministers, at the request of the Minister responsible for computerisation, shall determine by way of regulation:

1. minimum requirements for information and communication systems, bearing in mind the need to ensure:

(a) the consistency of the operation of the information and communication systems used to carry out public tasks by defining at least the specifications of the data formats and the communication and encryption protocols to be used in the software interfaced, while maintaining the possibility of unpaid use of these specifications,

(b) the efficient and secure exchange of information in electronic form between public entities and between public entities and the authorities of other countries or international organisations,

(c) access to information resources for disabled persons

-taking into account the Polish Standards and other standardization documents approved by the national standardization unit, preserving the principle of equal treatment of various IT solutions;

2) the minimum requirements for public registers and the exchange of information in electronic form, taking into account the need to preserve the consistency of the keeping of public registers and the exchange of information in electronic form with public entities;

3) The National Interoperability Framework covering the issues of semantic, organisational and technological interoperability, taking into account the principle of equal treatment of various IT solutions, Polish Standards and other documents standardization approved by the national standardisation body.

Article 19. (repealed)

Art. 19a. [ The functioning of the ePUAP] 1. The Minister competent for information technology ensures the functioning of the ePUAP.

1a. The Minister responsible for computerisation shall include information on the addresses of electronic crates made available by public entities on ePUAP.

2. The Minister competent for IT is the administrator of the data of the ePUAP users within the meaning of the provisions of the Act of 29 August 1997. on the protection of personal data.

2a. The Minister responsible for IT, at the request of a national bank or other entrepreneur, grants the consent to the gratuitous use for identification and authentication in ePUAP electronic identification means applied to the authentication of a national or other economic operator's telecommunication system, once a national or other economic operator has fulfilled the conditions referred to in the provisions of the paragraph. 3.

The Minister responsible for IT may verify whether the national bank or other trader referred to in paragraph 2 (b) of the first subparagraph of Article 5 (2) of the European Central Bank is not 1, meets the conditions referred to in the provisions issued on the basis of the paragraph. 3.

2c. The Minister responsible for computerisation shall withdraw the agreement referred to in paragraph 1. 2a, where a national bank or other trader does not fulfil the conditions laid down in the provisions adopted pursuant to the paragraph. 3.

3. The Minister responsible for informatization shall determine, by means of a regulation:

1) the scope and conditions of the use of ePUAP,

2) way of identification and authentication in ePUAP, including by the use of electronic identification means used for authentication in a national bank's telecommunication system or other entrepreneur,

3) the organizational and technical conditions of the unpaid use to identify and authenticate with ePUAP electronic identification means used for authentication in a national bank's telecommunication system or other entrepreneur,

4) how to confirm the fulfilment of the conditions referred to in point 1

-taking into account the role of ePUAP in the process of carrying out public tasks by electronic means and the rules of processing of personal data.

Art. 19b. [ Central repository of electronic document designs] 1. The Minister competent for IT in the framework of ePUAP conducts a central repository of designs of electronic documents, hereinafter referred to as the "central repository".

2. In the central repository shall be placed, stored and made available documents of documents which take into account the necessary elements of the structure of electronic documents specified in the provisions issued on the basis of art. 5 par. 2a of the Act of 14 July 1983. about the national archival resource and archives (Dz. U. of 2016 r. items 1506 and 1948).

3. The public authorities shall transmit to the central repository and make available the model of electronic documents in the Public Information Bulletin. For the drawing up of models of electronic documents, international standards for the drawing up of electronic documents by public administration bodies shall be applied, taking into account the need to sign their qualified signature. an electronic.

4. If the application design specifies separate provisions, the placing of the design of the electronic document by the public administration authorities in the central repository shall be equivalent to determining the application of the application of the applications referred to in Article 4. 63 § 3a of the Act of 14 June 1960 -The Code of Administrative Procedure (Dz. U. of 2016 r. items 23, 868, 996, 1579, and 2138).

5. Irrespective of the obligation arising from the mouth. 3 bodies of public administration may carry out their own or together with other public authorities the repositories of the design of electronic documents.

Art. 19c. [ Provision of services to ePUAP on the basis of an agreement with the Minister responsible for IT matters] 1. The entities referred to in art. 2. 3, carrying out public tasks may provide services to ePUAP on the basis of an agreement concluded with the Minister responsible for information technology.

2. The agreement shall specify how the services are made available on ePUAP and their scope.

Art. 19d. [ Ensuring the conformity of services to ePUAP with the provisions forming the basis for drawing up the electronic document template] The providers of services on ePUAP shall ensure that they comply with the provisions forming the basis for drawing up the template of the electronic document and shall update those services in the service catalogue.

Article 20. (repealed)

Art. 20a. [ Identification of the user's information and communication systems] 1. Authentication of users of the ICT system using online services provided by the entities specified in Art. 2 requires:

1) [ 1] the use of a notified means of electronic identification, as appropriate, to the level of security required for the services provided under these systems, or

2) a profile of trusted ePUAP, or

3) the data verified by means of a qualified electronic signature certificate.

2. A public entity which uses the tasks of public information and communication systems may enable users to identify in this system through other technologies, unless separate provisions provide for an obligation to do so. activities at the premises of a public entity.

3. The Minister responsible for informatization shall determine, by means of a regulation:

1) the detailed organizational and technical conditions, which should be met by the ICT system for issuing the certificate and the application of the technologies referred to in the paragraph. 2, including:

(a) the extent and duration of data storage in the system,

(b) the information obligations to which the system administrator is required,

2) the rules and conditions for confirming, prolonging the validity, use and invalidation of the profile of the trusted ePUAP, including:

(a) (repealed)

(b) the validity period of the trusted ePUAP profile,

c) the content of the profile of the trusted ePUAP

(d) cases in which the profile of a trusted ePUAP is not confirmed,

(e) the cases in which the ePUAP-trusted profile is no longer valid,

(f) the conditions for the signature of the signature of the trusted ePUAP profile and of the authorization for the free use of the electronic identification means used for authentication in the national or other banking system of a national bank entrepreneurs,

(g) conditions for the storage and archiving of documents and data directly related to the confirmation of a profile of a trusted ePUAP,

(h) specimens of the application for confirmation, extension and invalidation of the profile of the Trusted ePUAP,

(i) the conditions to be met by a point of confidence of the ePUAP Trusted Profile,

(j) the organisational and technical conditions for the validation of a profile of a trusted ePUAP and of the authorization for the free use of an electronic identification measure used for authentication in a national or other banking computer system entrepreneurs,

(k) how to confirm the fulfilment of the conditions referred to in point (s). j

-taking into account the need to ensure security and certainty in the identification process and the confidentiality of key elementary activities.

Art. 20b. [ Signature confirmed with ePUAP trusted profile] 1. A signature confirmed by a trusted ePUAP profile shall have legal effect if it has been created or filed within the validity period of that profile.

2. Data in electronic form bearing the signature of a confirmed ePUAP trusted profile shall be equivalent in terms of legal effects to a document bearing a handsigned signature, unless otherwise provided by separate provisions.

3. The validity and effectiveness of the signature of a confirmed ePUAP trusted profile cannot be denied only on the basis that it exists in electronic form or has changed data other than the one used to confirm the trusted profile.

Art. 20c. [ Point confirming the ePUAP trusted profile] 1. The claims of the profile of the trusted ePUAP, which consists in verifying the compliance of the data contained in the user profile with the factual state and granting the privileges resulting from having a profile of the trusted ePUAP, as well as the extension of validity and the invalidation of the Trusted ePUAP profile shall:

1) a point confirming the trust profile of ePUAP;

2. by himself a natural person requesting confirmation, signed by a qualified electronic signature, where the certified electronic signature certificate contains data covering at least:

(a) name,

(b) name,

(c) the PESEL number;

3) by himself a natural person requesting confirmation, with the gratuitous use of the means of electronic identification used for authentication in a national bank's telecommunication system or another entrepreneur meeting the conditions referred to in Article 20a par. 3 (2), provided that this measure is confirmed by data covering at least:

(a) name,

(b) name,

(c) the PESEL number.

2. The function of the affirmative point is:

1. consul;

2) the treasury of the tax office;

3) wojewoda;

(4) The Social Insurance Institution.

3. The confirmation of the confirmation point, with the consent of the Minister responsible for IT, may act as follows:

1) a public entity other than that mentioned in the mouth. 2;

2) the national bank referred to in art. 4 par. 1 point 1 of the Act of 29 August 1997. -Banking law (Dz. U. of 2016 r. items 1988, 1948, 1997 and 2260 and from 2017. items 85);

3) the postal operator referred to in art. 3 point 12 of the Act of 23 November 2012. -Postal law (Dz. U. of 2016 r. items 1113, 1250, 1823 and 1948);

4. the branch of the credit institution referred to in Article 4. 4 par. 1 point 18 of the Act of 29 August 1997. -Banking law.

4. The consent referred to in the paragraph. 3, shall be granted at the request of the entities referred to in paragraph. 3, after meeting the conditions laid down in the provisions issued on the basis of art. 20a par. 3 point 2.

5. The postal operator may submit the application referred to in the paragraph. 4, not earlier than the year following the year in which, for the first time, he submitted to the President of the Electronic Communications Office the report referred to in art. 43 par. 1 of the Act of 23 November 2012. -Postal law.

6. The Minister responsible for IT may verify whether the entity performing the function of the confirmatory point meets the conditions laid down in the provisions issued on the basis of art. 20a par. 3 point 2.

7. The Minister responsible for information shall withdraw the agreement referred to in paragraph 1. 3, where the entity performing the function of the confirmation point does not meet the conditions laid down in the provisions issued on the basis of art. 20a par. 3 point 2.

8. The Minister responsible for IT, at the request of a national bank or other entrepreneur, shall grant the consent to the gratuitous use of electronic means of identification used for authentication in the bank's teleinformatics system national or other entrepreneur to confirm the profile of the trusted ePUAP in the manner referred to in paragraph. 1 point 3, and for the authorisation of its use, once a national or other economic operator has fulfilled the conditions referred to in the provisions adopted on the basis of art. 20a par. 3 point 2.

9. The Minister responsible for IT may verify whether the national bank or other entrepreneur referred to in paragraph. 8, meets the conditions referred to in the provisions issued on the basis of art. 20a par. 3 point 2.

10. The Minister responsible for information shall withdraw the agreement referred to in paragraph 1. 8, where the national bank or other trader does not fulfil the conditions laid down in the rules issued on the basis of art. 20a par. 3 point 2.

Chapter 4

Interoperability test and compliance with the law

Article 21. [ Study] 1. In order to ensure the interoperability of the information and communication systems used for the implementation of public tasks shall be carried out, subject to art. 24, the study of correctness of the implementation of the solutions referred to in art. 13 (1) 2 point 2 (a) in the interfaced software using acceptance tests made available by a public entity, in accordance with Article 2 (2) (a) of the Directive, 13 (1) 2 point 2 (b), hereinafter referred to as 'the study'.

2. The study shall carry out, at its own expense, the creator of the interfaced software or any other entity with the copyright of property rights to the interfaced software to be used for the execution of the public task, hereinafter referred to as the " entity ":

1) before the first time the interface software is available for the implementation of this task;

2) after modification of the interfaced software in the scope referred to in art. 13 (1) 2 point 2 (a), made since the previous examination.

3. A qualified entity:

1) inform the public entity of the type, version, date of manufacture and the technical characteristics of the interfaced software software under consideration;

2. shall submit to the public body a statement of the outcome of the examination.

4. In order to confirm the outcome of the examination, the public operator may carry out verification of this test by using acceptance tests made available to the authorized body. The public entity shall inform the entity entitled of the outcome of the verification

5. In the event of non-compliance of the result of the verification with the result of the examination by the authorized body, the result of verification shall be resolved. In this case, the verification costs shall be borne by the operator.

(5a) In order to ensure the interoperability of the information and communication systems used to carry out public tasks with other systems, the public operator may provide a test-based, functionally equivalent system for the use of electronic data. a production system, in order to verify the correctness of the implementation of the solutions in terms of organizational, semantic and technological solutions.

5b. When a public entity makes a test system available, it is not required to provide acceptance tests.

6. The Minister responsible for information shall determine, by means of a regulation:

1) methodology, conditions and mode of preparation of acceptance tests,

2) how to proceed with the examination and verification of the study, including how to document the results of the test and the verification of the test,

3) types of interface software subject to examination,

4) the detailed scope of the information referred to in paragraph. Article 3 (1), and the manner and mode of transmission of this information,

5) model statement of the result of the test and the outcome of the examination of

-having regard to the need to introduce uniform conditions for the preparation of a fair set of acceptance tests and to make an objective assessment of the interface software.

Article 22. [ The premise of using the interface software to carry out public tasks] 1. Interface software can be used to perform public tasks if it has obtained a positive test result.

2. The public entity may provide free of charge to the interface software which has obtained a positive result of the test, or its source codes, to the extent specified in the license agreement with the rightholders.

3. In the event of a statement of use for the implementation of the task of public interfaced software, which:

1) has not been examined,

2) has not obtained a positive result of the examination in the cases referred to in art. 21 (1) 2

-the public operator may refuse to accept data transmitted by means of that software; in such a case, the refusal to accept the data shall be tantamed with the failure to pass the data.

Article 23. [ Relevant application of the provisions] 1. Rules of Art. 21 and 22 shall apply mutatis mutandis where:

1. a public entity shall be a rightholders;

2. the rightholded entity has provided the public entity with the copyright of assets to the interfaced software.

2. In the cases referred to in paragraph. 1, in the event of the existence of the circumstances referred to in art. 22 par. 3 points 1 or 2, the interfaced software may not be used to perform public tasks until the test result is positive.

Article 24. [ Withdrawal from the application of the provisions of Article 1. 21-23] Art. 21-23 shall not apply in the case referred to in Article 3. 13 (1) 4, unless:

1) the public entity has made the acceptance tests available;

2) the entity authorised to provide acceptance tests for the purpose of carrying out the test;

3) the public entity has made available the test system referred to in art. 21 (1) 5a.

Article 25. [ Audit] 1. Control:

1) the implementation of transsectoral IT projects is carried out by the President of the Council of Ministers

2) the implementation of the sectoral IT projects shall be carried out by the Minister of Government Administration for which the Sectoral IT Project has been established;

3) the activities of the ICT systems used to carry out public tasks or the fulfilment of the obligations arising out of the art. 13 (1) 2, shall:

(a) in units of local government and their associations, and in legal persons and other local agencies established or maintained by them, the competent authority, subject to the provisions of paragraph 1, and in accordance with the provisions of Article 4 (2) of the EC-law. 3,

(b) in public entities subordinate to, or supervised by, government bodies, a government body supervising a public body,

(c) in public entities not referred to in point (c). a and b-minister competent for information technology

-in terms of compliance with minimum requirements for computerised systems or minimum requirements for public registers and for the exchange of information in electronic form.

2. (repealed)

3. In relation to the bodies and bodies referred to in paragraph. 1 point 3 (a), control may concern only information and communication systems and public registers which are used to carry out tasks outsourced from the scope of government administration. In other cases, the audit shall be carried out on request.

4. Control over the regularity of the expenditure of financial resources transferred pursuant to Article 12f, from the point of view of legality, of the economy, of the advisability and fairness of the expenditure of public funds:

(1) the entities referred to in paragraph 1. 1 point 3 (a) a-shall be carried out by the competent regional chamber of auditors, in accordance with the rules laid down in the Act of 7 October 1992. o Regional Chambers of Auditors (Dz. U. of 2016 r. items 561);

2) bodies not listed in point 1-shall be responsible for the information of the Minister responsible for IT.

Article 26. (repealed)

Article 27. (repealed)

Article 28. [ Controller Person Requirements] 1. The controller may be a person of age who:

1) has a higher education;

2) holds the nationality of a Member State of the European Union, the Swiss Confederation or a Member State of the European Free Trade Agreement (EFTA)-the parties to the Agreement on the European Economic Area, unless the separate provisions make employment dependent in a unit controlled by the holding of Polish citizenship;

3) has full capacity for legal acts and enjoys full public rights;

4) she was not punished for intentional offense or a deliberate treasury crime;

5) holds the certificate referred to in the mouth. 3.

2. The controller is obliged to keep in secret the information he has obtained in connection with the performance of the inspection. The obligation of secrecy shall also be subject to the termination of the duties of the controller at the office of the authority responsible for the inspection.

3. The Minister responsible for information shall determine, by means of a regulation, a list of the certificates entitling them to carry out checks within the meaning of the Article. 25, having regard to the scope of expertise required of persons who are legitimized by individual certificates and the scope of the checks referred to in Article 3. 25.

Article 29. (repealed)

Article 30. (repealed)

Article 31. (repealed)

Article 32. (repealed)

Article 33. (repealed)

Article 34. (repealed)

Article 35. (repealed)

Chapter 5

Amendments to the provisions in force

Article 36. (bypassed)

Article 37. (bypassed)

Article 38. (bypassed)

Article 39. (bypassed)

Article 40. (bypassed)

Article 41. (bypassed)

Article 42. (bypassed)

Article 43. (bypassed)

Article 44. (bypassed)

Article 45. (bypassed)

Article 46. (bypassed)

Article 47. (bypassed)

Article 48. (bypassed)

Article 49. (bypassed)

Article 50. (bypassed)

Article 51. (bypassed)

Article 52. (bypassed)

Chapter 6

Adaptation, transitional and final provisions

Article 53. (bypassed)

Article 54. (bypassed)

Article 55. (bypassed)

Article 56. (bypassed)

Article 57. (bypassed)

Article 58. (bypassed)

Article 59. (bypassed)

Article 60. (bypassed)

Article 61. [ Definitions] 1. Whenever the information concerning the information contained in the separate laws is referred to in the provisions concerning the information concerning:

1. electronic information medium, electronic computer media, electronic data carrier, computer information medium, computer data medium, electronic medium, magnetic medium, computer media or media This means that, in the case of an interpretative doubt, the data medium referred to in Article 4 (1) must be understood to mean that the data medium referred to in Article 4 3 point 1 of this Act;

2) electronic data, data in electronic form, data in electronic form, IT data, information in electronic form or information in electronic form-should be understood by this, in case of doubt interpretative, electronic document referred to in art. 3 point 2 of this Act.

2. The provision of the paragraph. 1 shall not apply to the provisions of:

1) of the Act of 29 August 1997. -Banking law;

2) of the Act of 29 August 1997. o National Bank Polski (Dz. U. of 2013 r. items 908 and 1036, of 2015 items 855 and 1513 and of 2016 items 996 and 1997);

3) the Act of 12 September 2002. o electronic payment instruments (Dz. U. 2012 r. items 1232) [ 2] .

Article 62. (bypassed)

Article 63. (bypassed)

Article 64. [ Entry into force] The Act shall enter into force three months after the day of the announcement, with the exception of:

1. 17 and 54 which come into force on the day of the announcement;

2. Article 36 and 37, which shall enter into force after seven months from the date of the announcement;

3. Article 40, which shall enter into force after 27 months from the date of the announcement;

4. Article 42 points 1, 4 and 7, which enter into force on 1 July 2006.

[ 1] Article 20a (a) 1 point 1 in the wording set by Article 1 96 point 4 lit. a) of the Act of 5 September 2016. about trust services and electronic identification (Journal of Laws of the 1579). The amendment will come into force on 29 September 2018.

[ 2] It lost power on 7 October 2013. based on art. 38 of the Act of 12 July 2013. amending the Act on Payment Services and some other laws (Journal of Laws of the European Union 1036), which entered into force on 7 October 2013.