Act Iv Of 2009 Electronic Signature Law And Network Services

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

Read the untranslated law here: http://parliament.gov.sy/arabic/index.php?node=201&nid=4732&RID=-1&Last=10058&First=0&CurrentPage=7&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&SDate=&EDate=&Year=&Country=&Num=&Dep=-1&

Act IV of 2009 electronic signature law and network services President based on the provisions of the Constitution, approved by Parliament at its meeting on 24-2-1430 Hijri 19-2-2009 a.d., issued: article 1 the provisions of the law on electronic signature, network services» facility.

Article 2 this law shall be published in the Official Gazette and is effective six months after the date of publication.

Damascus on 29-3-1430 Hijri, 25-2-2009.

President Bashar Al-Assad = = = = = = = = = = = = = = = = = = = = = e-signature law and Web services chapter I definitions article 1 for the following expressions shall mean, in the application of the provisions of this law, meaning to each side, unless the context otherwise requires: ·       Minister: Minister of communications and technology.

·       Ministry: Ministry of communications and technology.

·       Body: the national network services.

·       Electronic means, Electronic means: electronic, electromagnetic, magnetic, electrical, optical or digital or any similar means used to Exchange data or information or processed, saved or stored.

·       Transactions transactions: an action or set of actions taking place between two or more parties, with the intention to create obligations on the one side, or the mutual obligations between the tip over, civil or commercial nature or administrative.

·       Electronic transactions Electronic transactions: transactions effected by electronic means.

·       E-Electronic carrier medium: physical Broker uses electronic means to share or save or store data or information, such as CDs or optical discs or magnetic disks or electronic memories or any other similar medium.

·       Electronic writing: letters, numbers or symbols, or any other marks on an electronic carrier and give verifiable indication of perception.

·       Electronic document, Electronic document: a document containing information created or integrate or store or send or receive, in whole or in part, by electronic means, and be capable of being retrieved in perceptible.

·       Electronic signature Electronic signature: Joomla electronic means included data on electronic document and associated with, and take the form of letters or numbers or symbols or references or any other similar, have a unique nature allows people from other site and electronic document attributed to him.

·       Electronic electronic signature creation data signature-creation data: unique elements specific to the site and distinguish it from other, used to create an electronic signature.

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

·       Location: natural or legal person who holds the electronic signature creation data, signs of authenticity for itself or on behalf of others.

·       Sender: a natural or legal person himself or his designee brokered legally using electronic means to send an electronic document.

·       Consignee: natural or legal person the sender's intent to give or deliver to him an electronic document using electronic means.

·       Electronic certificate Electronic Certification: certification issued by the competent licensed, intended to prove ownership of an electronic signature to a natural or legal person, on the basis of the link between a signatory and signature creation data supported by email.

·       Electronic signature Certified electronic signature certification: certified electronic signature certificate.

·       Electronic certification Electronic certification service provider service provider: competent licensed certification, and provide any other services.

·       Online Website Internet site: computer system with data, information and services are accessible via the Internet.

·       Web hosting Web site hosting Website: provide information environment and resources needed to develop a Web site. These services are provided competent host are called.

·       The online site address Website address IP: a series of numbers, usually reserved and registered in accordance with specific rules, indicate the location on the Internet and allow access to him.

·       Name of Web site Website name: a group of alphabetic and numeric signifi amenable to remembering, meet Web site address. This name consists of a set of hierarchical fields which separates two consecutive days including the special symbol is the point.

·       The scope of online Internet domain: a bunch of Internet addresses correspond to a number of other Internet sites or resources, and fall under one name is the domain name.

·       Top domain name Top-level domain: the broadest online site belongs, and the last field is the name of the site.

·       Top National national domain name Top-level domain: domain name standard loft fall under it all Internet sites or resources operated by one authority national nature.

·       Top domain name Syrian Syrian Top-level domain: domain name top Syrian Arabic Republic national, sy.

·       Allocating Internet addresses IP address allocation: give the right to use a set of Internet addresses to hand.

·       Register Internet domain name domain registry: a database link between domain names that fall under the scope of the loft, and their titles, and run by competent put the upper range management policies.

·       Domain name registration Internet domain name registration: domain-specific data included at least include a domain name, and the corresponding address, the author of the right to use the range, in a dedicated database for this purpose.

·       Registered Internet domain names domain name registrar: licensed to register domain names. And manages the database.

·       Network services network services: services provided by hand or competent to regulate and coordinate and facilitate work on informational network, especially the Internet or intranets, and usually provides an enabling environment for electronic service delivery to beneficiaries.

Chapter II article 2 electronic signature


-Certification of electronic signature, electronic document, the scope of civil and commercial and administrative transactions, written evidence of authoritative planned for in the provisions of the evidence Act, if its meant to accomplish the provisions stipulated in this law and regulation and controls issued by the Minister, upon the decision of the Board, provided for in chapter III of this law. B-the copied image on paper of authentic evidence electronic document planned for this document, to the extent where identical to the original, as long as the electronic document and electronic signature runway certification are on the stand that she took it up the copied image. C-applied on proof of official electronic documents and electronic signatures and regular with no provision in this Bill, and in normal and controls issued by the Minister, upon decision of the Board of Directors, the provisions of the law of evidence.

Article 3 certification, electronic signature is inscribed on electronic document, a requirements for authentic proof, namely: 1. the signature link site alone without the other, enough to make the people website.

2. the control site alone without other electronic signature creation system used.

3. link the electronic document is electronic signature cannot make any adjustment or switch to the document without displaying to scrutiny and disclosure.

Article 4 — who wants to sign an electronic document done by reliable electronic signature creation system, used to create the website, being set technical specifications by a decision of the Board of Directors. B-electronic signature creation data and information that provide electronic certification service provider licensee certification email confidentiality and may not for him or call her by virtue of his work disclosed to others or used in a non-purpose for which they were given.

Article 5 a certification service provider shall produce and deliver mail and save electronic certificates and to take the necessary measures to protect them in accordance with the provisions of this law, and regulation requirements and regulations issued by the Minister, upon decision of the Board of Directors. B the Board identifies information that must be included in the certificate.

Article 6 guarantees the certification services provider: 1. the information contained in the electronic certificate on the date of delivery.

2. check under the electronic certificate of ownership of the electronic signature to the site, on the basis of the link between a signatory and signature creation data supported by email.

Article 7-the site will be liable for the use of electronic signature creation system, each use of this system is issued it unless proven otherwise. And he shall take all necessary measures to avoid any abuse of its electronic signature creation data. B-site certification service provider email notification of every change in the information contained in the electronic certificate obtained. C-certification service provider shall not, in the event of a breach of obligations location stipulated in this law, is responsible for any damage to third parties, if the breach site has happened for reasons beyond the control of the provider. D-don't assume authority, where a breach of the site or electronic certification services provider obligations stipulated in this law, the responsibility for any damage to third parties.

Article 8 the electronic certification service provider must suspend e-certificate in the following cases: 1. at the request of the owner of the certificate.

2. If the evidence, based on documented verifiable data indicate one of the following conditions: ·       Use the certificate for the purpose of fraud or cheating.

·       Violation of electronic signature creation system.

Article 9 electronic certification services provider must cancel the electronic certificate in the following cases: 1. at the request of the owner of the certificate.

2. when a certification service provider email notification of the death of the natural person or legal person certificate holder solution.

3. When you found one of the following cases: ·       Incorrect information contained in the certificate.

·       Change the information contained in the certificate ·        Use the certificate for the purpose of fraud or cheating.

·       Violation of electronic signature creation system.

Article 10 a electronic certification services provider shall notify the certificate holder and inform the Commission if suspend or cancel the electronic certificate, and the reasons for it. Comment is being lifted immediately upon the demise of the reasons that led to it. B-certificate holder or to others before the Commission on electronic certification services provider's decision suspending or revoking a certificate, within a maximum period of fifteen days from the date of reference. The Board on the complaint within a maximum period of thirty days from the date of submission. C-electronic certification services provider to keep an electronic record of electronic signature certificates. This register available constantly to inform clients on information regarding their transactions. This register includes when appropriate certificates or cancel comment dates.

Article 11 adopts save electronic documents such as written documents depends on cases under the law. The sender is obliged to save the document in the format sent by the consignee is obliged to save this document in the form they received. The document is being saved on electronic holder can: 1. to run it for the duration of their validity.

2. save in final form, to ensure the integrity of their content.

3. save information about its source and destination, as well as the date and place of sent or received.

Article 12 the provisions of this law: 1. Civil and commercial transactions electronically-signed and in accordance with the requirements of this law.


2. edited transactions signed electronically by the public.

Article 13 except as provided by special instructions issued by the Council of Ministers, the provisions of this law shall not apply to: 1. securities.

2. transactions and contracts and documents that regulate the specific image according to special legislation, or specific actions, including: ·       Personal transactions.

·       Dispose of immovable property transactions, including related agencies and title and create rights in rem, except leases for these funds.

·       Regulations of the suits and countersuits and jurisdictional notification notices and court decisions.

Chapter III national Web services article 14 a Syrian Arabic Republic speaking public body regulating private nature called «national network services», enjoys legal personality and financial and administrative independence, based in Damascus, and linked to the Minister. B-body may, by a decision of the Minister, establish specialized centres assigned some of the functions performed by the body.

Article 15 the Commission shall undertake the following tasks: 1. organize activities of e-signature services and other activities in the field of electronic transactions.

2. Select and adjust your electronic signature systems specifications and adoption of those systems.

3. Select noazom and controls electronic certification.

4. the granting, renewal, suspension and cancellation of licences for electronic signature services business, according to the provisions of this law and other laws and regulations, and monitor compliance with terms of those licenses.

5. management of upper scale Web log and Syrian, and identify policies and rules governing the registration of names under this domain.

6. the granting, renewal, suspension and cancellation of licences for authorized registrars register names under the upper range, verify their commitment to the rules governing it, in accordance with the provisions of this law and other laws and regulations in force.

7. management of Internet addresses allocations in the Syrian Arabic Republic, and coordination with regional and global authorities competent for that.

8. specifications and standards for the safety and protection of networks and Internet sites and supervise the good.

9. develop criteria for emergencies on the Internet or other computer and information networks, and supervise the good commitment, authored by task forces to deal with these situations.

10. normal mode and controls and standards for business sites on the Internet or other computer networks and Web hosting, applications and data on the Internet in the Syrian Arabic Republic to oversee the proper application of these controls to the normal webmasters and those hosting them.

11. Web hosting on the Internet or intranets in enterprises and host applications and data, for public authorities and provide advice and technical support.

12. settlement of disputes between licensees in the areas of work of the Commission through arbitration, in accordance with the laws and regulations in force.

13. receive complaints from end users in the areas of work and take appropriate action.

14. coordination with international organizations concerned with the activities of the Commission.

15. proposal of technical experts in the field of electronic signature to the judicial authorities.

16. provide training and advice to persons and bodies concerned with the activities of the Commission.

17. issuing periodic reports provide statistics and indicators and building databases about network services and electronic services, and on Internet sites under the upper scale, and any other topics in the field of work of the Commission.

18. encourage and support projects in the area of work of the Commission.

19. exhibitions, conferences and seminars in the field of work of the Commission.

20. express an opinion on any topics displayed by the Minister on the work of the Commission.

Article 16 a-body units are independent and has its own budget taking into account the balance between income and expenditure, and issued by a decision of the Minister on the proposal of the Board of Directors and approval by the Ministry of finance, the State budget in accordance with the principle of Soofi. B-the Commission income consists of the following sources: 1. subsidy in the State budget.

2. revenue accruing from their activities and pay and allowances charged.

3. circular economy from the previous year's budget.

4. investment returns on their money.

5. grants, donations and bequests and donations that agrees to accept the Board of Directors, in accordance with the laws and regulations in force.

6. any other income permitted by laws and regulations in force.

Article 17 manages body: 1. the Board of Directors.

2. the Director-General.

Article 18-Board members named by the President of the Council of Ministers on the proposal of the competent Minister and consists of: ·       Minister President ·       Director General Vice President ·       Two managers in the Commission, nominated by the Minister two ·       Representative of the Ministry of economy and trade, nominated by the Minister of economy and trade members ·       Representative of the Ministry of Justice with the rank of a judge, nominated by the Minister of justice a Member ·       Three figures with experience, nominated by the Minister members of b-term Board member is three years, renewable. C-one General Manager called the body, of a college degree, a Secretary at the governing body. D the Board shall meet at the invitation of the Chairman or his Deputy at least once every two months, whenever needed, be a legal meeting, the presence of a majority of its members. E-Board decisions by absolute majority, when equally likely the side Chair. And the Board has the right to invite who sees fit to attend its meetings without the right to vote.

Article 19


The Board is the highest authority responsible for the Affairs and conduct of hers, and proceed as described in terms of this Act, and take decisions as it deems necessary to carry out the functions of the body, and in particular the following: 1. policy and adoption of plans and programmes for the realization of an electronic signature, network services, and coordination with all concerned.

2. normal mode and controls for creating and using electronic signatures and electronic documents and electronic transactions, in accordance with the provisions of this law.

3. normal mode and controls for issuing and surrender and save and cancel and select the contents of electronic certificates.

4. normal mode and technical, administrative and financial controls for granting the suspension and cancellation of licences for electronic signature services and other related activities in the fields of electronic and information technologies.

5. hold mutual recognition agreements for electronic signature with external actors being believable such agreements of the Cabinet if it contained any financial obligations.

6. normal mode and technical, administrative and financial controls to grant the suspension and cancellation of licences required for the registration of domain names within the range top.

7. proposal of pay and allowances charged to meet body doing tasks.

8. accept grants and donations in cash and in kind in accordance with the laws and regulations in force.

9. approving training plans and programmes in the field of electronic signature and network services.

10. adoption of the draft annual budget of the Commission, in preparation for release.

11. discuss the annual report and the technical and financial reports and final accounts and the budget of the authority and approval.

12. Contracting with local and foreign experts in the field of information technologies as systems of the body, without complying with the provisions in the basic law for State workers, to ensure that top talent attraction specialized human activities and development authority and the Minister shall these experts hired instruments after the approval of the Prime Minister.

13. the proposal to establish specialized centres assigned some of the functions performed by the body.

Article 20 designated Director-General of the Commission by decree upon the proposal of the Minister specifying the cab and compensations.

Article 21 the Director General oversees the functioning of the body, and exercises specific powers to the Director-General in the laws and regulations in force and issue instructions and administrative orders, and is responsible to the Board of management and authority to the Minister, and in particular the following tasks: 1. hold expenses and disbursements and filtered in accordance with laws and regulations in force.

2. to follow up the implementation of decisions of the governing body.

3. sign the licenses and official documents issued by the Commission.

4. represent the Commission before the courts and others.

5. preparing the draft annual body balancing and presented to the Board.

6. preparation of reports containing plans and projects and presented to the Board.

7. supervise the preparation of the agenda of the governing body.

Article 22 the Minister shall issue a resolution naming authority's workers who have them in law enforcement in the implementation of the provisions of this law, after their oath before the Court of first instance civil and workers have the right to enter the area licensed to practice the activities of electronic signature as right to adjust from violations of the provisions of this law and for them to adjust materials and copies and means used in committing any breach of the provisions of this law.

Chapter IV licensing article 23 a-body is exclusively licensing authority to those who wish to engage in acts of electronic certification or registration of domain names under the top range. B-body is authorized to issue electronic certificates for employees of public bodies in their careers, and are entitled to transfer custody to others licensed under normal and controls issued by the Minister, upon decision of the Board of Directors. C-agency may initiate itself the work of registering domain names under the top range.

Article 24 shall not conduct any work in the field of certification in the Syrian Arabic Republic or in registering domain names under the upper scale Syrian license from the Board, that Board meeting regular allowance determined by, and in accordance with the provisions of this law and regulation procedures and controls and warranties issued by the Minister, upon decision of the Board of Directors, taking into account the following : 1. the licensee shall be selected within the framework of openness and equal opportunities.

2. If the Board determines the duration of the license.

3. to determine the technical supervision and monitoring.

Article 25 electronic certification services provider can convert its activity completely or partially to another service provider is licensed, subject to the approval of the Commission, being this transformation under the following conditions: 1. inform current certificate holders with his desire to convert to another service provider, before the thirty days of conversion.

2. identification of the certification service provider which will turn to him.

Article 26 stipulates in wanting to get a license for business prescribed in article 24 of this law provided that they meet the following conditions: 1. be a juridical person must hold a commercial record.

2. be a resident of the Syrian Arabic Republic.

And the Board that adds additional conditions regarding the applicant's reputation or worthiness or by ensuring that the required level of service delivery.

Article 27 abolishes the licensing authority if licensee violates the provisions of paragraph b of article 4 or article 24 of this law, and to suspend the licence until the removal of the causes of violation according to the controls established by the governing body.

Article 28 a-bound actors in the field of electronic transactions and information technologies to provide the authority with the reports or statistics or information relating to the activity of the body.


B the provisions of this article shall not apply to organs of the Presidency and the Ministry of defence and internal security forces in the Ministry of the Interior.

Article 29 competent Commission adopt externals on electronic certification, meet periodic allowance is determined by the Board of Directors, in this case, the certificates issued by those authoritative proof established their working counterparts within the Syrian Arabic Republic of certificates, all according to the rules and procedures and guarantees issued by the Minister, upon decision of the Board of Directors, without prejudice to international agreements concluded by the Commission in this regard.

Article 30 gives the Commission, upon request of the applicant, certificate of conformity and reliability criteria mentioned in paragraphs 8 to 10 of article 15 and if you discover any defect in compliance with these specifications and standards, the Board eliminate the certificate of reliability, after giving the applicant a suitable deadline to fix the bug.

Chapter v Penal Code article 31 without prejudice to any harsher penalty prescribed under any other law in force: (a) is punishable by imprisonment from one to three years and a fine from five hundred thousand to two million ls ls, anyone who intentionally committing the following acts: 1. certification of email or provide any services relating to electronic signature to Commons without obtaining the necessary authorization from the Commission.

2. counterfeiting or altering an electronic signature or electronic signature creation system or data in any way.

3. use fake electronic signature or electronic signature creation system altered or faked electronic certificate, knowing that.

4. find any means to get by on an electronic signature creation data or create an electronic signature system or an electronic document, or any breach thereof, or intercept or disable function.

5. submit papers or false or incorrect information in order to obtain a certificate or the suspension or cancellation.

6. disclosure of any data relating to the use of an electronic signature or check out aaedith, or used in a non-purpose for which they were given by a certification service provider employees, in this case the supplier is responsible for solidarity to meet the governing factor of fines if the breach responsible for the actual administration with his duties has contributed to the occurrence of this crime. B-the penalty is hard to add to the fine mentioned in the preceding paragraph if he committed forgery or use counterfeit signature on official document. C-in all cases, the judge published verdict in fact daily newspapers at least spread on open electronic information networks, at the expense of the defendant.

Chapter vi General provisions article 32 a-issued by decision of the Council of Ministers, on a proposal by the Minister, after coordination with the Ministry of finance, the financial system of the body, including noazom incentives and grants and awards and bonuses to staff of the Commission and its Board members, except these incentives and grants, allowances and compensation provisions of the State employment statute. B-issued by the Minister, upon proposal of the Board and after coordination with the Ministry of finance, special services system, including the setting of wages and allowances being charged for services provided by the authority. C-issued by a decision of the Minister, upon proposal of the Board of Directors, the rest of the Commission's regulations.

Article 33 issued Decree body servant.

Article 34 at all unless stipulated in this law, applied to the body of laws and regulations applicable to public bodies of an administrative nature, where workers are subject to the provisions of the basic law for State workers.

 

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