Advanced Search

Act Iv Of 2009 Electronic Signature Law And Network Services

Original Language Title: القانون 4 لعام 2009 قانون التوقيع الإلكتروني وخدمات الشبكة

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Law 4 of 2009 Electronic Signature Law and Network Services


image Notification of error in legislation


Act No. 4 of 2009
Date-birth: 2009-02-25 History-Hjri: 1430-03-29
Published as: 2009-02-25
Section: A law.

Information on this Act:
image Window.

Law 4 of 2009
Electronic Signature Law and Network Services

President

Based on the Constitution

As approved by the People's Assembly at its meeting held on the date of 24-2-1430 A.H., 19-2-2009, my birth,

The following are issued:

Article 1

The provisions of the "Electronic Signature Law and Network Services" are applied.

Article 2

This law is published in the Official Journal and is in effect six months after the date of publication.

Damascus in 29-3-1430 A.H., 25-22-2009.

President

Bashar al-Assad

== == == == == == == == == == == == == =

Electronic Signature Law and Network Services

Chapter I

Definitions

Article 1

In applying the provisions of this Law, the following expressions shall mean the meaning set forth alongside each of them, unless the context of the text otherwise follows:

- Minister: Minister of Communication and Trade

- Ministry: Ministry of Communication and Technical

- Authority: National Network of Network Services.

- Electronic means Electronic means : electronic, electrical, magnetic, electromagnetic, optical, digital, or similar means used for the exchange, processing, preservation or storage of data or information.

- Transactions Transactions : a procedure or a procedure between two or more parties, with a view to establishing obligations on a single party, or mutual obligations between more than one party, of a civil, commercial or administrative nature.

- Electronic transactions Electronic transactions : Transactions implemented by electronic means.

- Electronic carrier Electronic medium : A material broker using electronic means to exchange, save, or store data or information, such as CD-ROMs, optical disks, magnetic discs, electronic memory, or any other similar medium.

- Electronic writing: letters, numbers, symbols or any other signs that prove an electronic carrier, and give a measurable connotation.

- Electronic document Electronic document A document containing information created, integrated, stored, sent or received, in whole or in part, by an electronic means, and be retrievable in an image that can be recognized.

- Electronic signature Electronic signature : a statement that is inserted electronically on and associated with an electronic document, takes the form of letters, numbers, symbols, references or any other similar form, and has a unique character that allows the identification of the person of the site and distinguishes it from others and is attributed to it by an electronic document.

- Electronic signature creation data Electronic signature-creation data : Unique elements of the site that distinguish it from others, and are used in the creation of electronic signature.

- Electronic signature creation system Electronic signature-create device : means, electronic system or software used to create an electronic signature.

- Location: a natural or legal person holding the electronic signature data holder, and signing on behalf of himself or on behalf of others.

- Dispatcher: A natural or legal person who does or is legally mediated by a person using an electronic means to send an electronic document.

- Dispatcher: a natural person or an account intended to be delivered or delivered by an electronic document using an electronic means.

- Electronic certification Electronic certificate A certificate of accreditation issued by a licensed competent authority, intended to establish an electronic signature of an electronic person or a designated person, as a basis for the link between the website and its approved electronic signature data.

- Certified electronic signature Sertified electronic signature : Electronic signature certified by electronic certification.

- Electronic certification service provider Electronic notification service provider : A competent authority licensed to issue electronic certification certificates, and provide any other services related to this.

- Web site Internet Website : A computer system that includes data, information and services accessible through the Internet.

- Online hosting Website hosting : Provide the environment and information resources needed to put in place a website. These services are provided by a competent host called the host.

- Internet address Website IP address : A series of numbers, usually assigned and registered under specific rules, indicating a website and allowing access to it.

- Internet site name Website name : A collection of alphabetic and digital symbols with a conical connotation, and meet the title of an online site. This name consists of a set of hierarchical fields that separate every two consecutive ones from which a special symbol is the point.

- Web Domain Internet domain : A bunch of Internet addresses meet a number of websites or other resources on the Internet, and fall under one name is the domain name.

- Upper domain name Top-level domain : The widest range to belong to an internet site, and be the last field of the site name.

- Upper domain name National Top-level domain : A standard upper domain name under which all web sites or resources managed by a single national authority shall fall under it.

- Name of Syrian upper domain Arian Top-level domain : Name of the national upper domain of the Syrian Arab Republic, which is y .

- Assign Internet Addresses IP address location : Give the right to use a set of Internet addresses to a destination.

- Domain Log Internet domain name registry : A database containing the link between domain names that fall under the upper scope and addresses, and is managed by a competent authority that develops policies for the management of the upper domain.

- Record domain names Internet domain name registration : list of domain-specific data with at least the domain name, its corresponding address, and the holder of the right to use the domain, in a dedicated database for this purpose.

- Domain names recorder Internet domain name registry : A licensed entity to perform domain name registration. And you run the database of that.

- Network services network services Services provided by a competent authority or focal point to organize, coordinate and facilitate work on an information network, in particular the Internet or internal networks in institutions, and typically provide an enabling environment for the provision of electronic services to beneficiaries.

Chapter II

Electronic signature

Article 2

a. The certified electronic signature, which is included on an electronic document, in the scope of civil, commercial and administrative transactions, which is duly authorized to the written evidence in the provisions of the Law of Women, if it is established and completed in accordance with the provisions of this Law, and the regulations and controls that are issued by them Minister, based on the decision of the Board of Administration, provided for in Chapter III of this Law.

b. For scanned copies of the authentic electronic document in the prescribed proof of this document, to the extent that it is identical to the asset, as long as the electronic document and the certified electronic signature on it exist on the electronic carrier for which the photograph was taken The copied.

C) In the case of establishing the validity of official and regular electronic documents and electronic signatures, as no provision is contained in this law, and in the regulations and regulations issued by the Minister, on the basis of a decision of the Board of directors of the Board, the provisions set forth in the Law on Women's Law.

Article 3

The certified electronic signature, which is included in an electronic document, is prepared for the requirements required for evidence in the proof, namely:

1. The signature association is associated with the site alone, and is sufficient to identify the person of the site.

2. Site control only without others on the electronic signature creation system used.

3. The electronic signature of the electronic document is not possible to make any adjustment or change to the document without a trace of scrutiny and disclosure.

Article 4

a. For those who wish to sign an electronic document to do so by means of a reliable electronic signature system, the website data will be used, and its technical specifications will be adjusted by decision of the Board's governing body.

b. The electronic signature data and information provided to the electronic certification service provider authorized to issue electronic certification is confidential and may not have been submitted or used in the non-purpose for which it has been provided or used in the non-purpose for which it has been submitted.

Article 5

a. The electronic certification service provider shall issue, deliver and maintain electronic certification and take necessary measures to protect it in accordance with the provisions of this Act, and for the requirements, regulations and controls issued by the Minister, upon decision of the Board of the Board.

b. The information to be included in the electronic certification certificate shall be determined by the governing body of the Board.

Article 6

The electronic certification service provider shall:

1. The validity of the information contained in the electronic certification certificate at the date of delivery.

2. Verification under the electronic certification certificate from the electronic signature of the website, a bond between the website and its associated electronic signature creation data.

Article 7

a. The website is responsible for the use of its electronic signature system, and every use of such a system is made by a signatory unless proven otherwise. It should take all measures to avoid any illegal use of its electronic signature data.

b. The website must inform the electronic certification service provider of each change in the information contained in the electronic certification.

C) In case of breach of the obligations under this Act, the electronic certification service provider shall not be liable for any damage caused to others, if the breach of the site has occurred for reasons beyond the control of the supplier.

d - The Authority shall not, in case of breach of the Site or the electronic certification service provider of the obligations set forth in this Law, be liable for any damage caused to others as a consequence.

Article 8

The electronic certification service provider must suspend the electronic certification in the following cases:

1. By order of the author of the certificate.

2. If, on the basis of documented and verifiable data, there is evidence of one of the following cases:

- The use of certification for fraud or fraud.

- Violation of the electronic signature creation system.

Article 9

Electronic certification service provider must revoke an electronic certification certificate in the following cases:

1. By order of the author of the certificate.

2. When the electronic certifying service provider is informed of the death of the natural person or the consideration of the person of the certificate.

3. When one of the following conditions is established:

- The information contained in the pending certificate is not valid.

- Change the information contained in the certificate

- The use of certification for fraud or fraud.

- Violation of the electronic signature creation system.

Article 10

a. The electronic certifying service provider will inform the author of the certificate and inform the Authority if the certificate of electronic certification is suspended or revoked, and the reasons for this. The suspension is immediately lifted upon the demise of the reasons that led to it.

b. The author of a certificate or a remedy before the body is entitled to the decision of the electronic certifying services provider to suspend or revoke the certificate, within a maximum of fifteen days from the date of his information. The body shall adjudicate the petition within a maximum of thirty days of its submission.

C) The electronic certification service provider will maintain an electronic record of its electronic signature certificates. This register is continuously available to inform dealers about the information regarding their transactions. Where necessary, this record includes dates for the suspension or cancellation of certificates.

Article 11

The preservation of electronic documents depends on the preservation of documents written in the cases that the law requires. The sender is committed to keeping the electronic document in the form sent and the consignee is committed to keeping this document in the form it has received. The document is being saved to an electronic carrier that can:

1. See its content for the duration of its validity.

2. To preserve them in their final form in a manner that ensures the integrity of their content.

3. Save information about its source and destination, as well as the date and place of sending or receiving it.

Article 12

The provisions of this Act shall apply to:

1. Civil and commercial transactions freed and signed electronically in accordance with the requirements of this Act.

2. Edited and electronically signed transactions adopted by the public.

Article 13

Except as provided for in special instructions issued by the Council of Ministers, the provisions of this Law shall not apply to:

1- Securities.

2- Transactions, contracts, documents and documents that are specifically regulated in accordance with specific legislation, or are conducted with specific procedures, including:

- Transactions related to personal status.

- Transactions of disposal of immovable funds, including related agencies, title deeds and the creation of rights in kind, except for leases of such funds.

- Rules of proceedings, pleadings, notices of judicial reporting and court decisions.

Chapter III

National Network for Network Services

Article 14

a. In the Syrian Arab Republic, a public body with a special nature called the National Authority for Network Services, which has legal personality and financial and administrative independence, is based in Damascus and is associated with the Minister.

b. By decision of the Minister, the Authority may establish specialized centres with some of the functions performed by the Commission.

Article 15

The Authority shall perform the following functions:

1. Regulation of the provision of electronic signature services and other activities in the field of electronic transactions.

2. Identification and control of the systems configuration for electronic signature, and the adoption of such systems.

3. Identification of systems and controls for certification of electronic certification.

4. To grant, renew, suspend and revoke licences for the conduct of electronic signature services, in accordance with the provisions of this Act and other laws and regulations in force, and to control the obligation to comply with the requirements of such licences.

5. The management of the Syrian top domain on the Internet and its registry, and the identification of policies and rules governing the registration of names under this domain.

6. To grant, renew, suspend and revoke licenses for registered Registrar of the Syrian Arab States, and to verify their compliance with the rules governing this, in accordance with the provisions of this Law and other laws and regulations in force.

7. To manage the allocation of Internet addresses in the Syrian Arab Republic and to coordinate with the relevant regional and global authorities for this.

8. Develop standards and standards for the security and protection of networks and websites and oversee good adherence to them.

9. Develop standards for emergencies on the Internet or other information and computer networks, supervise their good commitment, and compose task forces to address these situations.

10. Development of systems, controls and standards for the work of websites or other information networks, hosting websites, applications and data on the Internet in the Syrian Arab Republic, and overseeing the application of such systems and controls to site owners and stakeholders Her host.

11. Hosting websites or internal networks in institutions and hosting applications and data, for those wishing public and providing the necessary advice and technical support.

12. The disputes between the licensor in the areas of work of the body are resolved through arbitration, in accordance with the laws and regulations in force.

13. Receive complaints from end-users in the areas of work of the Authority and take what is necessary.

14. Coordination with international organizations concerned with the activities of the Authority.

15. To propose technical experts in the field of electronic signature to judicial bodies.

16. Provision of training and advice to persons and entities involved in the activities of the Authority.

17. To issue periodic reports and provide statistics, indicators and the building of databases on web services and electronic services, on the websites of the Syrian upper range, and any other topics in the field of operation of the Authority.

18. Promote and support projects in the work of UN-Women.

19. Establishment of exhibitions, conferences and symposiums specialized in the field of work of the Authority.

20. Opinion on any subjects presented by the Minister in the field of work of the Commission.

Article 16

a. The Authority is an independent unit of account, which has its own budget, which takes into account the balance between annual revenues and expenditures and is issued by a decision of the Minister based on the proposal of the board of directors and approval of the Ministry of Finance and is linked to the state budget according to the principle of Sawafel.

b. UN-Women income consists of the following sources:

1. The subsidy assigned to it in the state budget.

2. Revenue from its activities, wages and allowances.

3. Save the role from the previous year's budget.

4. The proceeds of investing their money.

5. Subsidies, donations, commandments and donations to be accepted by the Board of the Board, in accordance with the laws and regulations in force.

6. Any other income allowed by the laws and regulations in force.

Article 17

The governing body shall:

1- The Governing Council.

2- Director General.

Article 18

a. Members of the Board of the Authority shall be called upon by a decision of the Prime Minister on the proposal of the competent minister and shall consist of:

- Minister President

- Director General of UN-Women as Vice-Chair

- Two directors of the Board, nominated by the Minister

- Representative of the Ministry of Economy and Trade, nominated by the Minister of Economy and Trade

- Representative of the Ministry of Justice arranged by a judge, nominated by the Minister of Justice

- Three experienced persons nominated by the Minister

b. The term of office of members of the Board of directors shall be three years, renewable.

C) The Director General designated a staff member of the Board, from the university degree campaign, as Secretary of the Board's Board of Directors.

d - The Governing Council of the Board shall meet at the invitation of the President or Vice-President of the Board at least every two months, whenever the need arises, and shall be held legally in the presence of the majority of its members.

-Come on! Decisions of the governing body of the Board shall be taken in the absolute majority and, on an equal basis, will be the most likely aspect of the meeting.

And - The governing body of the body shall be entitled to invite such persons as it deems appropriate to attend its meetings, without the right to vote.

Article 19

The Board of directors of the Board is the supreme authority responsible for its affairs and management, and shall exercise its terms of reference as set out in this Law, and shall take such decisions as it deems necessary for the implementation of its functions, in particular the following:

1. Development of policies and approval of plans and programmes for electronic signature and network services, and coordination with all stakeholders for this.

2. To establish regulations and controls for the establishment and use of electronic signatures, electronic documents and electronic transactions, in accordance with the provisions of this Law.

3. Establish regulations and controls for the issuance, delivery, preservation, cancellation and determination of the contents of electronic certification certificates.

4. The development of technical, administrative and financial regulations and controls for the granting, suspension and revocation of licences for the provision of electronic signature services and other related activities in the fields of electronic transactions and information legislation.

5. Mutual recognition agreements for electronic signature with external actors are held and are being ratified by the Council of Ministers in the event of any financial obligations.

6. :: Development of technical, administrative and financial regulations and controls to grant, suspend and revoke licences for the registration of domain names within the Syrian upper domain.

7. To propose the remuneration and allowances charged by the Authority for the exercise of its functions.

8. Acceptance of grants and contributions in cash and in kind according to laws and regulations in force.

9. Approval of training and certification schemes and programmes in the field of electronic signature and network services.

10. To adopt the draft annual budget for the Authority, in preparation for its promulgation.

11. Discussion and adoption of the annual report, technical and financial reports, final accounts and budget of the Commission.

12. To contract with local and foreign experts in the field of information technologies in accordance with the regulations of the Authority and without complying with the provisions of the Basic Law for State Workers, so as to ensure that the best specialized human competence in the field of activities of the Authority is attracted and developed. The Minister issues the instruments of contract with the State party. These experts are after the approval of the Prime Minister.

13. Proposal for the establishment of specialized centres with some of the functions of the Entity.

Article 20

The Director General of the Authority shall be appointed by decree on the proposal of the Minister to determine his or her remuneration and compensation.

Article 21

The Director General of the Authority shall supervise the operation of the Authority, exercise the specific powers of the Director General in the laws and regulations in force and issue instructions and administrative instructions to this effect, and shall be responsible for the affairs of the Board before the Board of Directors and in front of the Minister, in particular the following tasks:

1. Contract of expenditure and order to be disbursed and liquidated in accordance with the laws and regulations in force.

2. Follow-up to the implementation of decisions of the Board.

3. Signing of licences and official documents issued by the Authority.

4. Representation of the body before the judiciary and others.

5. Prepare the draft budget of the annual body and submit it to the Board of the Board.

6. Prepare reports containing UN-Women plans and projects and present them to the Board's governing body.

7. Oversee the preparation of the Board's agenda.

Article 22

The Minister shall issue a decision to name employees of the body who have the status of the judicial officer in the execution of the provisions of this law, after they have been sworn in by the Civil Start Court and those workers have the right to enter the field authorized by the practice of electronic signature activities. They also have the right to control violations of the provisions of this law and, in the way, to control the articles, copies and means used to commit any violation of the provisions of this Act.

Chapter IV

Licensing

Article 23

a. The Authority is solely authorized to grant licences to those who wish to engage in the issuance of electronic certification or domain name registration works under the Syrian upper domain.

b. The Authority is authorized to issue electronic certification of employees in public service with their functional characteristics, and is entitled to do so to others licensed in accordance with the regulations and regulations issued by the Minister, upon decision of the Board's Board of directors.

C) The Authority has the right to initiate the registration of domain names under the upper Syrian domain.

Article 24

No work in the issuance of electronic certification in the Syrian Arab Republic or in the domain of registration of domain names under the Syrian upper domain may be carried out unless authorized by the Authority, for a periodic allowance determined by its governing body and in accordance with the provisions of this law, procedures and systems The controls and guarantees issued by the Minister, based on the decision of the Board of the Board, take into account the following:

1. The licensee is to be selected in a framework of public and equal opportunities.

2. The board of directors shall determine the duration of the licence.

3. To identify means of supervision and technical follow-up.

Article 25

An electronic certification service provider may convert its activity in whole or in part to a licensed other service provider, provided that it is approved by the Authority, and this transfer takes place in accordance with the following conditions:

1. The owners of the current certificates are informed of their desire to transfer the certificates to another service provider, 30 days prior to the transfer.

2. Specify the identity of the electronic authentication service provider to which certificates will be converted.

Article 26

A person who wishes to obtain a permit for the business set forth in Article 24 of this Law is required to have the following conditions:

1. To be a legal person with a commercial record.

2. Be resident in the Syrian Arab Republic.

The Board of the Board may add additional requirements relating to the reputation of a licence student or to his or her sheet or to ensure that services are provided at the required level.

Article 27

The Board shall revoke the authorization if the licensor violates the provisions of Article 4, paragraph b, or Article 24 of this Law, and shall suspend the validity of the licence until the removal of the reasons for the offence in accordance with the controls established by the Board of the Board.

Article 28

a. The operators of electronic transactions and the information law shall submit to the Authority the reports, statistics or information relevant to the activity of the entity.

b. The provisions of this article shall not apply to the Presidency, the Ministry of Defence and the Internal Security Forces of the Ministry of the Interior.

Article 29

The Authority shall be competent to adopt the external authorities concerned with the issuance of electronic certification certificates. This is for a periodic allowance determined by its governing body. In this case, the certificates issued by those authoritative bodies are due to the established proof of the evidence issued by their counterparts operating within the Arab Republic. In accordance with the rules, procedures and guarantees issued by the Minister, on the basis of a decision of the Board of directors of the Syrian Arab Republic, and without prejudice to the international agreements of the Authority in this regard, the Syrian Arab Republic is a representative of the Syrian Arab Republic.

Article 30

The Authority shall grant, upon request by the author of the relationship, a certificate of reliability in conformity with the specifications and criteria set out in paragraphs 8 to 10 of article 15, and in the event of any subsequent failure to comply with such standards and standards, the Authority shall revoke the certificate of dependency, after giving the author Relationship to fix the defect.

Chapter V

Sanctions

Article 31

With no breach of any penalty provided for in any other law in force:

a. The penalty is punishable by imprisonment from one year to three years and a fine from 500,000 Syrian pounds to 2 million Syrian pounds, each of those who have committed one of the following acts:

1. Release electronic certification or provide any services related to the electronic signature of the public without having obtained the necessary authorization from the Authority.

2. Forging or twisting an electronic signature, data, or the system of creating an electronic signature in any way.

3. The use of a fraudulent electronic signature, or the system of creating a fraudulent electronic signature or certificate of electronic certification, with the knowledge of it.

4. By any means, access to the data of the creation of an electronic signature, an electronic signature system, an electronic document, the hacking of any of them, their objection or the disruption of their functioning.

5. Submission of false or incorrect papers or information with intent to obtain, suspend or revoke an electronic certification.

6. Disclosure of any data regarding the use of electronic signature or verification of its family, or its use in the other than the purpose for which it was provided by an employee of the electronic certifying service provider, and in this case the supplier is responsible for the fulfilment of the penalties imposed by the worker If the failure of the official responsible for the effective management of the supplier is determined to have contributed to the occurrence of this crime.

b. The penalty shall be of temporary hardship, in addition to the fine mentioned in the preceding paragraph if the fraudulent electronic signature is committed or the false signature is used on an official document.

C) In any case, the publication of a conviction in two days of widespread circulation is governed at least, and on open electronic information networks, at the expense of the convict.

Chapter VI

General provisions

Article 32

a. On the proposal of the Minister, following coordination with the Ministry of Finance, following coordination with the Ministry of Finance, the financial system of the Authority shall be included in the regulations to grant incentives, grants, compensation and remuneration to the staff and members of its board of directors. These incentives, grants, awards and compensation are excluded from the provisions of the Board. Basic Law for Workers of the State.

b. A decision by the Minister, on the proposal of the Board of Administration and following coordination with the Ministry of Finance, shall be issued by the Minister, following coordination with the Ministry of Finance, including the determination of remuneration and allowances to be paid by the Authority for the services rendered by the Board.

C) The rest of the regulations of the Board shall be issued by decision of the Minister, upon the proposal of the Board of the Board.

Article 33

The numerical owners of the body shall be issued by decree.

Article 34

In all cases where there is no provision in this law, the laws and regulations in force in the administrative nature of public bodies shall be applied to the Authority, and their employees are subject to the provisions of the Basic Law for State Workers.

== == == == == == == == == == == ==

Lawyer Naam Al-Masri












Number of views: 761

Comments:
function doSendDocDocument () {var s=document.CommentFor.EMail.value; var len = s.length; var v=s.indexOf (" @", 1); var po; if (v! = -1) po = s.indexOf (".v); else po = -1; if (document.CommentFor.FullName.value == " ") {alert ('Please write the full name'); document.CommentFor.FullName.focus ();} else if (document.CommentFor.EMail.value == " ") {allert ('please write e-mail and correctly'); document.CommentForm.EMail.focus ();} else if ((v == -1) | | (po == 1) | | (v == 0) | | (po == 0)) {alert ('please write e-mail and correctly'); document.CommentFor.EMail.EMail.select (); document.CommentForm.EMail.focus ();} else if ((option -v) < = 1) | | (len-po < = 2) {alert ('please write e-mail and correctly'); document.CommentFor.EMail.Exception (); document.CommentFor.EMail.octus ();} else if (document.CommentFor.Comment.value == " ") {alert ('Please write your comment'); document.CommentFor.Comment.focus ();} else if () document.getElementById ('vervication_is_ok ') .value == "false") {alert (' please insert validation symbol ');} else document.CommentForm.subit ();}

Send comment:
Full name:
E-mail:
Country:
Your comment:
Please enter the check symbol (the case is not important if it is small or large) and after you have finished click outside the code entry box to make sure it is correct :
image
[ Update ]




Print


A cartoon.

The activities of the Council
var dA = new Array (); var x = 0; // first 8 characters in ccyyyy format for single date events // first 8 characters in 0000mmdd format for event year events [x + +] = " 20160417
Statement of the People's Assembly on the seventieth anniversary of independence

";

image
image
image
image
image
image
image
image