Key Benefits:
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Kanun No. 5070 |
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Accepted Date: 15.1.2004 |
PART OF THE WORLD
Purpose, Scope, and Tantas
Purpose
ARTICLE 1.- The purpose of this Code is to regulate the guidelines of use with the legal and technical aspects of the electronic imp.
Scope
MADDE 2.- This Law, the legal structure of the electronic image, electronic certificate services activities, and each includes operations in the field of electronic impersonal use.
Tents
MADDE 3.- This is passed in the Law;
a) Electronic data: stored, holiday, or stored records in electronic, optical or similar ways,
b) Electronic signature: Added or authenticated by an electronic data source with an electronic data source. electronic data that is used with the purpose of the
c) Israeli owner: Real self using a signature tool to generate electronic signatures,
d) Israeli data: used by the signature owner to create an electronic signature by the owner of the business owner, and an e data, such as non-more information, cryptographic secret keys,
e) Israel building tool: a software or hardware appliance that uses a signature build to generate an electronic signature.
f) Israeli fraud data: Data for electronic signatures, data such as cryptograph open keys, and
g) Israeli feed: A software or hardware appliance that uses signature data to verify an electronic signature,
h) Time stamp: detects when an electronic data is generated, generated, sent, received, and/or recorded. with an electronic signature on an electronic signature, in order to be used by the electronic certificate service.
) Electronic certificate: An electronic record that connects the owner's signature check data and credential information,
j) Install: Telecommunication Institution,
is at work.
ISRAELI PART
Secure Electronic Government and
Certificate Services
SECTION OF THE REGION
Secure Electronic Israel, Secure Electronic Interlude, and Docking Tools
Secure electronic signature
MADDE 4.- Secure electronic signature;
a) to the signature owner, which is the least available to the owner,
b) Only the secure electronic signature tool that is in the savings of the signature owner,
c) Based on a qualified electronic certificate, the identification of the owner of the signature,
d) In an electronic data, which makes the determination of whether or not to make any changes to the electronic data,
Electronic signatures.
Legal consequence and application area of secure electronic disposal
TICAD 5.- The secure electronic signature is the same legal result as the manual signature.
Legal notices or legal notices that are subject to legal action or a special ceremony cannot be verified with a secure electronic signature.
Secure electronic signage tools
MADDE 6.- Secure electronic signage tools;
a) The electronic signature data that is producing does not have one of the following in their own way,
b) ensure that the electronic signature data that has been registered cannot be compromised and hidden from the appliance in any way.
The electronic signature data that is registered onc is not to be obtained and used for third time, and the electronic signature will be falsifying. protected,
d) To be visible before the signature holder of the data is signed, and before the signature of the signature is generated by the owner of the data,
The signatory signage tools are created.
Secure electronic signage tools
MADDE 7.- Secure electronic signage tools;
a) showing the data used for the withdrawal of the property, without further information, showing the currentkiþiye yapanb) Independentand insure results in a reliable and precise manner in which the air-to-air operation is reliable and accurate. for example,
c) to ensure that the signed data is shown in a reliable format, as required.
d) to ensure that the electronic certificate used for the execution of the document is correct and is valid showing the results without the results of thedoðrulama
e) showing the identity of an Israeli owner without any identification, showing the description of thekiþiye
f), which may be identified by people who are likely to have problems related to the risk associated with the
Tools are available for use.
PART OF A REGION
Electronic Certificate Service Software, Qualified Electronic Certificate and
Wild Electronic Certificates
Electronic certificate service vendor
ARTICLE 8.- The public institution, which counts the services of electronic certificate service, electronic certificate, time stamp, and electronic signatures They are legal and real or private legal entities. The electronic certificate service is operational two months after the notification that it is set to install.
In the notice that the electronic certificate service is available;
a) Using secure products and systems,
b) Execute the service in a reliable manner,
c) To take every measure to prevent the imitation and falsifying of certificates,
shows the number of people in a format that is the same as the number of other things.
IfEnterprise detects that one of the above is missing or not fulfilled, the electronic certificate will be served to address these deficiencies. It will give you a while not to exceed a month, during which time the electronic certificate will stop the activities of the service vendor. The electronic certificate will end the operation of the service vendor if the absence of deficiencies is not addressed at the end of the term. It can be appealed when the second fisher provisions of the 19th Amendment are required by the institution's decisions.
Electronic certificate services are continuing to lose their activities as they lose their activities as shown in this item.
Electronic certificate services are required to comply with the Agency's minimum wage and upper limit.
Qualifying electronic certificate
MADDE 9.- A qualified electronic certificate;
a) that the certificate is a "qualified electronic certificate", and
b) The credentials of the certificate service vendor and the country name for which it is installed,
c) The credentials that the owner of the human owner can be redeemable to,
d) The signature check data that is involved in the electronic signature building,
e) for the expiration and expiration of the certificate's expiration date,
f) The serial number of the certificate,
g) If the certificate owner is acting in a current name, the information is available to you,
h) If the owner requests the certificate, the personal or personal information of the business,
), information about the use of the certificate, and any information about the use of the documentation, as well as the current documentation,
j) Secure electronic signature that enforces the information contained in the certificate of the certificate service vendor,
Bulunmasýis mandatory.Electronic certificate service obligations obligations
MADDE 10.- Electronic certificate service save;
a) employing personnel with the quality of the service required,
b) Reliably Detect the identity of qualified certificates according to official documents,
c) The authority to act on behalf of an owner of a certificate is to ensure that professional or personal information is not certified. in a reliable manner, in case you are relying on this information to be trusted.
d) Certificate service by the certificate service vendor or the person who requested the certificate is served by the certificate service Ensure that this business is trusted if it is produced in the locations of its users, or if it is manufactured with the same tools that the certificate services may be used for,
e) The use of the certificate and the solutions associated with the solutions and solutions for the product and the solutions By notifying the certificate requesting the certificate as written before the delivery of the certificate due to the signature of the secure electronic signature manually to remain saved, for example, before the delivery of the certificate is issued manually.
f) Certificate to not use the inbound sigoption data in the certificate to be used in the certificate. to notify and notify the owner of the owner,
to withhold all of the records of the service for the period specified by the regulations,
h) notify the Install and electronic certificate owner at least three months prior to the date for which it is due to operate,
Is Responsible.
Electronic certificate service cannot receive or save a copy of the generated signature data.
Cancelation of qualified electronic certificates
MADDE 11.- Electronic certificate service save;
a demand for a qualified electronic certificate owner,
b) The source of the information contained in the database of the qualified electronic certificate, or the source of the information contained in the database output or information,
c) the disclosure of the actual electronic certificate holder's actual license, bankruptcy, or death, or death, or death, or death.
iptalcances any qualified electronic certificates that have been given inDurumundastatus.Electronic certificate service vendor to fully identify the time when qualified electronic certificates were revoked A record that allows the opportunity and third-party to be delivered in a safe and secure way.
An electronic certificate service is a service vendor, an end to its activity, and a qualified electronic certificate for which it has been issued. Cancell the qualified electronic certificates issued by the electronic certificate service vendor in the event that it is not available.
If an end to theKurumElectronic certificate service vendor's activity is ended by the Institution, then the Enterprise is not The electronic certificate decides to transfer a qualified electronic certificate to the service vendor, and announces the status of the electronic certificate service vendor.The qualified electronic certificate cannot be revoked for the migration of the electronic certificate service number.
Protection of information
MADDE 12.- Electronic certificate service save;
a) The person who is requesting an electronic certificate cannot request information except for the information required to issue an electronic certificate and cannot obtain this information in the rundown of the person, as well as the information required by the electronic certificate.
b) Certificate without the permission of the electronic certificate owner cannot be found in environments where third party (s) can be reached,
c) prevents third-party data from obtaining the software that claims the electronic certificate is written. It cannot forward and use it for any third party, without the approval of the certificate owner.
Legal responsibility
MADDE 13.- The electronic certificate service is responsible for the electronic certificate owner. It's all right.
An electronic certificate service is a violation of the provisions of this Law or the code that is based on this Law. The third party is liable for damages. The electronic certificate does not have an obligation to pay compensation if it has failed to serve as a service issue.
An electronic certificate service is based on the behavior of the business people who are in charge of that obligation. is responsible for the damage and the electronic certificate service may not recover from this responsibility by bringing the kind of sever evidence stipulates in the 55th of the Law of the Debts.
Electronic certificate, except for the use of the qualified electronic certificate and the extent of the materiel scope. Any application that is dismissing or dismissing the responsibility of the service vendor to third-party and qualified electronic signature owner is void.
Electronic certificate service protection is not a result of failure to meet its obligations due to this Code They have to make a certificate of liability insurance. The public and principles of the insurance are determined by the order of the Undersecretary of the Treasury to be determined by the Institution.
The certificate of liability for this item is the insurance claims that are authorized to be used in the relevant branch in Turkey. It's done by the side. These insurance companies are obligated to make a certificate of liability insurance. Insurance companies that do not comply with this obligation are given an eight billion lira penalty of administrative fines. There are 18 indictable provisions in the order of the penal punishment and the appeal of the sentence.
Electronic certificate service vendor to deliver qualified electronic certificate to electronic signature owner by insurance is required.
Strangers electronic certificates
MADDE 14.- Electronic certificates issued by an electronic certificate service vendor installed in a foreign country have legal results. It is determined by the meanings.
Electronic certificates issued by an electronic certificate service server installed in a foreign country, in Turkey If an electronic certificate is accepted by an installed electronic certificate, these electronic certificates are considered a qualified electronic certificate. The electronic certificate service sales in Turkey are also responsible for the use of these electronic certificates.
THIRD PART
Administration and Criminal Provisions
Administration
MADDE 15.- Control of the operations and operations of the electronic certificate service users in the implementation of this Law It is replaced by the institution.
The enterprise can check for electronic certificate service users at any time when they are required. During the audit, you will need to check for any ledger, documents and records by authorized officers, enter administration places, buildings and plug-ins, write and receive oral information, sample retrieval, and control and calculate accounts. It is mandatory to service electronic certificate services and to perform them.
Unauthorized use of human-build data
MADDE 16.- Signature data or signature on the electronic signature intended for the purpose of the purpose of the electronic signature. Unauthorized electronic signatures using the signatory tools that obtained, issued, copied, and reproduced them, including unauthorized electronic signatures, up to three years in prison and no more than a million liras ($1M) They'll be fined for money.
If the crimes in theYukarýdakisocket are started by an electronic certificate service vendor, these penalties will be until tomorrow. It will be increased.The damage that is caused by the crimes in this item is indempated.
fraud in electronic certificates
MADDE 17.- Completely or completely bogus electronic certificate generated, or applicable, electronic Those who use electronic certificates or knowingly knowingly use electronic certificates without authorization to copy or tamper with their certificates may result in more than two years in prison and one billion lira, even if they have been a criminal offence. They will be fined for not being a part of it.
If the crimes in theYukarýdakisocket are started by an electronic certificate service vendor, these penalties will be until tomorrow. It will be increased.The damage that is caused by the crimes in this item is indempated.
Military fines
TICAD 18.- This Law;
a) an electronic certificate service that does not meet any of its obligations in item 10 billion liras ($1 billion) of service,
b) an octbillion lira from an electronic certificate service that does not meet any of the obligations of the 11 th clause,
c) 1 billion liras ($1 billion) for those who act in violation of the provisions of the article 12.
d) $8 billion of electronic certificate services that do not meet the obligations in the white and seventh of the 13th item,
e) Twenty-three lira (s) of electronic certificate services that act in violation of article 15 clause.
The monetary penalty is issued by the Telecommunication Board. Decisions on the fines given are issued according to the provisions of the Tbligat Act of 7201, with respect to the decisions of the fines. Those sentences can be appealed to the competent administrative court within seven days of the date of the date of the subject of the subject of the temblor. The course does not stop the return of the issued cezilis. In unseen form, the study results in the most recent process of investigation through the paperwork. A decision on the course of the ruling could be hit by the District Court of Israel. The decisions made by the District Court of Israel are final. According to this Law, the financial penalties are collected by the Ministry of Finance, according to the provisions of the Law on the Allowance of 6183 number of Amme receivships on the declaration of the Agency.
Repeat and close of any criminal offenses
ARTICLE 19.- In three years, the crimes of the 18th Amendment have been backwards from the date they were accused of for the second time, fines are applied twice, and third time they are given a close penalty of electronic certificate service from the Institution.
The decision to close the shutdown is based on the Pentangat Law of 7201. This decision may be appealed to the competent administrative court within seven days of the date of the date of the subject of the temblor. The sign does not stop the closure decision made by the authorial authority. In unseen form, the study results in the most recent process of investigation through the paperwork. A decision on the course of the ruling could be hit by the District Court of Israel. The decisions made by the District Court of Israel are final.
FOURTH PART
Government Provisions
Ordinance
ARTICLE 20.- The implementation of Articles 6, 7, 8, 10, 11 and 14 of this Law is within six months from the effective date of the Law be regulated by the Institution and the regulations to be used by the Institution to be used.
provisions not to apply to public institutions and organizations
ARTICLE 21.- Articles 15 and 19 with the four and fifth provisions of this Law, provisions of article 15 and 19, electronic certificate does not apply to public institutions and organizations that perform service sales activities.
ARTICLE 22.- The sentence on 22.4.1926, and the first in the 14th Amendment of the Code 818 is added.
Secure electronic signature with manual signature is the mirror power of the mirror.
ARTICLE 23.- dated 18.6.1927 and 1086 is to come after 295 articles of Legal Procedure Law. Item 295 /A is added.
MADDE 295/A-Electronic data generated by secure electronic signature according to the product is in the seet clause. This data will be conclusive evidence until it is proven otherwise.
If a party in the case is being pushed forward and instill the data that is being made with secure electronic signature, this Law will be Article 308 is applied through a section of a girl.
ARTICLE 24.- dated 5.4.1983 and 2813 were added to the first of the 7 nci items of the Telless Act. and current (m) self (n) have been resureed as bendi.
m) To perform tasks that are provided with the Electronic Human Law,
Effective
ARTICLE 25.- This is less than the date of the release date of this Law.
ARTICLE 26.- The Council of Ministers executes the provisions of this Law.
