#####$$$$$ The law of electronic signature and electronic transactions

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#####$$$$$ The law of electronic signature and electronic transactions

Post  Admin on Wed May 08, 2013 12:37 pm



Presidency of the Republic
Based on what passed the House of Representatives and approved by the President of the Republic and based on the provisions of item (i) of Article (61) and item (iii) of Article (73) of the Constitution

Issued the following law:
No. (78) for the year 2012

The law of electronic signature and electronic transactions


Chapter One
Definitions


Article 1, the following terms shall for the purposes of this Act shall have the meanings set out towards them:

First Minister: The Minister of Communications.

Secondly, the Company: General Services International Network for Information in the Ministry of Communications.

Third information: data, text, images, shapes, sounds and symbols, and the like that arise, integrate, store, address or sent or received by electronic means

IV electronic signature: a personal mark in the form of letters, numbers or symbols or signs, sounds or other has a unique character indicates the rate to the site and be dependent on the ratification.

V. electronic writing: each letter, number or symbol or any other sign affixed to an electronic, digital or optical or any other similar way and give viable indication of perception and understanding.

VI electronic transactions: applications, documents, and transactions by electronic means

Seventh electronic means: devices, equipment or tools electrical, magnetic, optical, electromagnetic, or any other similar means used in the creation and processing of information, sharing and storage.

VIII broker-mail: computer program or any other electronic means are used for the implementation of response action or to hold in order to create, send, or receipt of information

X. electronic documents: papers and documents that arise, integrate, store, send or receive in whole or in part by electronic means, including the exchange of data electronically or by mail or telegram, telex or telegraphic and holds the electronic signature

XI contract electronic: offere link issued from one of the contractors to accept the other on the face of proving its impact on the held him and that is by electronic means

XII certificate: document issued by the certification in accordance with the provisions of this law and which are used to prove the proportion of electronic signature to the site

XIII PIN code: code allocated by the ratification of the site to be used in electronic trading

XIV information processing system: the electronic system or computer software used to create information sent or received, processed or stored electronically

XV certifier: moral person authorized to issue certificates of ratification electronic signature in accordance with the provisions of this law.

Site XVI natural or legal person-winning electronic signature creation data that signed the document-mail. The sign for himself, who is his deputy or his legal representative

XVII consignee: The person who sends him mail document by electronic means 0

Eighteenth electronic gadget: a means of or create an electronic signature systems.

Nineteenth financial institution: the bank or any licensed institutions authorized to deal remittances in accordance with the provisions of the law

Twenty: illegal entry: any financial Added restriction on the customer's account without his knowledge or consent or authorization NH


Chapter II
Law and force goals


Article 2 This law aims to مايأتي:

First, provide the legal framework for the use of electronic means to conduct electronic transactions

Secondly, granting legal authentic to electronic transactions and electronic signature and the organization of its provisions

Third, promote confidence in the health and safety of electronic transactions

Article 3, first the provisions of this law shall apply to:

A electronic transactions carried out by natural persons or legal entities

B agreed edges transactions carried out by electronic means

C Securities and electronic business

Secondly, do not apply the provisions of this law on the following:

A transaction relating to matters of personal status and personal items

B create a commandment and endowment and modify its provisions

C transactions relating to the disposition of immovable property, including the related agencies and securities ownership and the creation of rights in kind with the exception of the leases for these funds.

Dr. transactions that draw her a certain formality law

E. Court proceedings and judicial commercials and advertisements attendees and orders search and Amoamr the arrest and judicial rulings.

And. Any document required by law documented mediated by a notary public.


Chapter III
Electronic signature


Article 4, first electronic signature is valid and issued by the site if available means to determine the identity of the site and indicate his approval as stated in the document-mail, according to the agreement signed and the consignee about how to conduct electronic transaction

Secondly An electronic signature within the scope of civil and commercial transactions and administrative authentic assessments for the written signature, if taken into account in the establishment conditions stipulated in Article (5) of the Act

Article 5 has an electronic signature is authentic proof if approved by the certifier and meets the following conditions:

First to be linked to the electronic signature Active alone without the other.

Secondly, to be the mediator-mail under the control of the site alone without the other.
Third, that any modification or substitution of electronic signature to detect viable.

Fourth, that creates and in accordance with the procedures specified by the Ministry instructions issued by the Minister.

Article 6 undertake company مايأتي:

First, the granting of licenses to issue certificates after obtaining the approval of the Minister and in accordance with the law

Second, determine the technical standards for electronic signature systems and adjust the technical specifications and technical.

Third, follow-up and supervision of the performance of those working in the field of issuing certificates and evaluate its performance

Fourth, consider the complaints relating to the activities of the electronic signature or ratification of the certificate and electronic transactions and take appropriate decisions in the matter in accordance with the law.

Fifth provide technical advice to actors in the fields of electronic signature and ratification of certificates.

VI set up training courses for workers in the fields of electronic signature and ratification of certificates and the establishment of educational seminars and conferences in this regard

Article 7 is not permitted to engage in activity to issue the certificate without obtaining a license in accordance with the provisions of this law


Article 8 into account the company when granting authorization to engage in activity issuing the certificate the following conditions:

First, ensure competition and openness in the selection of the licensee
Second, determine an appropriate period to force the license

Third, determine the means of supervision and technical and financial follow-up form, which ensures good performance of the licensees

Fourth inadmissibility stop practicing the licensed activity or merger with other parties or waive in whole or in part for the license is through for only نفاذيته after obtaining the approval of the company and in accordance with the law

Fifthly be the licensee supplies the necessary human and material resources to pursue a career certification of electronic signatures

VI to present to ensure a guarantor to meet the fines, compensation or other financial obligations, to keep sponsorship list for the duration of the license

Seventh to have a fixed work location is known to the caller licensing activity

VIII support the competent authorities of the lack of security prevents blocker


licensing
Article 9 certification certificate is canceled in one of the following cases:

First, upon the death of a natural person, or the expiration of the legal person

Secondly, if it turns out that the information relating to the establishment of an electronic signature false or forged or not conforming to reality or that he may have been compromised system creating the electronic signature or when the illegal use of a certificate
Article 10 The licensee has the following:

First issue and recognizes and save electronic certificates using reliable mechanisms and programs in order to protect them from counterfeiting and fraud

Second, electronic record-keeping for certification shall be open for electronically constantly dealing with the signatories to the relevant information, including the date of suspension or cancellation of certificates that is committed to protect it from all unlawful change

Third, to ensure the accuracy of the information approved in the certificate on the date of receipt and the link between the site and the auditing system for signing and private site maintenance of electronic signature creation system

Article 11, first licensee shall suspend the electronic certification certificate immediately at the request of the site

Secondly, a licensee comment certificate if he found it used for unlawful purpose or that the information they contain and it changed media site immediately comment and is caused by

B of the site or others to challenge the decision of suspension before the competent court of the date of its publication in the electronic record set forth in item (ii) of Article (10) of the Act

Third, the site is committed to informing the certifier all unauthorized use of a project to signed Wye change in the information contained in the certificate

Article 12, first on licensees to provide the company or the competent court as requested reports and information and data relating to the activities carried on by

Secondly, taking into account the provisions of paragraph (First) of this Article shall be the electronic signature data and electronic means and the information provided to the certifier confidential and may not be those provided to him or briefed by virtue of the work disclosed to others or used in other than the purpose for which it provided.


Chapter IV
Electronic documents


Article 13, first be electronic documents, electronic writing and electronic contracts authentic legal paper counterpart if available the following conditions:

A. that the information contained therein are subject to the conservation and storage so that it can be retrieved at any time.

B the possibility to keep the form in which they were created or sent Aotslmha or any form easily prove the accuracy of the information which they received when generated, sent or received, including does not accept modification, addition or deletion.

C that the information contained therein is a function of the of Ancoha or received by the date and time it was sent and received.

Secondly, do not apply the conditions set forth in paragraph (First) of this Article, the information accompanying the documents that is intended to facilitate the sending and receipt.
Thirdly site may or consignee validate electronic document all means of proof legally prescribed


Article 14, the image is copied document mail-winning original copy of the recipe if available the following conditions:
First, information can be copied and the image data are identical with the original version

Secondly, to have the electronic document and electronic signature exist on electronic means

III possibility Remember, information is stored and copied the image data so that you can refer to it when needed

Fourth copied the possibility to save the image in the form that was created, sent or received by the original copy of the electronic document

V. contain the image of the copied information function on the site, recipient, date and time of the transmitter and receiving

Article 15, first may be at the time of the transaction by electronic means to provide information about them or sent or delivered to others through paper if the consignee able to print and store that information and refer to it later in the means available to him.

Secondly, for the site to prevent the consignee of the use of electronic documents is the purpose for the stomach and otherwise these documents are not binding on the site

Article 16 If the law requires the use of a signature on an official document or plain and arranged an impact on خلوهما of it, the electronic signature it if it becomes a document electronically as a substitute for the signature if it is in accordance with the provisions of this law

Article 17, first is the electronic document or any part of it carries an authenticated electronic signature to the document as a whole or with respect to that part as the case if it were signed during the period of validity of a certificate certified and in conformity with the definition set out in the code that certificate

Second, the document is authenticated mail from the date of its establishment had not been subjected to any modification unless it is proved otherwise


Chapter V
Electronic contracts


Article 18, first may be offer and acceptance of the contract by electronic means

Second is the electronic documents issued by the site, whether issued for or on behalf of, or by electronic medium is intended to work automatically mediated site or on his behalf


Third, the addressee that is electronic documents issued by the Website and to act on this basis in any of the following cases:

A. If you use the consignee information processing system has already been agreed with the site to be used for this purpose to verify that the electronic documents issued by the Site
B If the documents, which came to the consignee resulting from measures carried out by a person under the site believe his representative and authorized to enter the electronic means used either to determine the identity of the site

IV ايعد of electronic document issued by the location of the sender if he knew him not to release the document for the site or did not make the usual care to make sure that
Article 19, first if requested by the location of the consignee under an electronic document informed of the receipt of that document or had been agreed with him on this, the establishment of the consignee flags Site by electronic means or by any other means or doing any act or conduct indicates that he received the document is a response to that demand or agreement

Secondly, if the location after the document commented mail on receipt of notice from the consignee acknowledgment document shall be deemed not to Recipient while receipt of the notice

Third, if requested by the location of the consignee notice of receipt of the document-mail did not specify later, so did not comment after the document on receipt of the notice he may in the case of non-receipt of the notice within a reasonable time to ask the consignee to send the notice within a specified period, otherwise the document is capable of being canceled

Fourth is the consignee notify the site acknowledgment evidence that the content of the document received is identical to the content of the document sent by the site unless proven otherwise

Article 20, first prepare electronic documents sent, from the time of entering information processing system not subject to the control of the site or the person who sent it on his behalf unless agreed location and the consignee on the other

Secondly, if the consignee may select an information processing system to receive documents ranks as Mtzlma when they enter into the system, if sent to the system is that is determined shall be deemed to be sent has been since the establishment of the consignee rerun to the system selected him to receive the information

Third, if you did not specify the consignee to address information system to receive electronic documents shall be deemed time of receipt is the time to enter any information processing system belonging to the consignee

Article 21, first prepare electronic documents had been sent from the place where the headquarters of the operation of the website and it's received at the place where the place of business of the consignee and if it was not for either of them a place of business is a residence-based work unless the site and the consignee has agreed to other

Secondly, if the site or the consignee more than one place of business shall be deemed to Headquarters closest link transmitter is the place of treatment or receipt and when you can not specify is the President's action is to place the transmitter or receipt


Chapter VI
Commercial paper and electronic financial


Article 22, first may be established trade and financial papers electronically according to the following:
A that meet the conditions and data should be available in commercial paper and paper-based financial legally stipulated
B be the information processing system able to prove right in. verify that the electronic signature is up to the parties concerned

Second, information processing system is able to prove right in the commercial paper if it meets the following conditions:
A ensure safe handling of the commercial paper which
B ensure the circulation of commercial paper is subject to change
C show the names of the owners of the business relationship in the paper

Article 23, first be of commercial papers and electronic financial authentic assessments for their paper counterparts unless the law provides otherwise

Second, apply the provisions of commercial paper and paper-based financial stipulated in the law on commercial paper and electronic financial and in line with the provisions of this law


Chapter VII
Electronic funds transfer


Article 24, the money may be transferred by electronic means

Article 25 of every financial institution to exercise acts of electronic transfer of funds to take measures to provide safe services to customers and to maintain the confidentiality of banking transactions

Article 26, first for the customer to ask the financial institution not to use an electronic transfer or stop work on his money 0 except in the case of a legal impediment.

Second to ايعد the customer is responsible for any unlawful under enters on his account mediated by electronic transfer unless caused by fault or neglect

Article 27 governing the acts of the electronic transfer of funds, including the adoption of electronic payment methods and illegal entry and correct mistakes procedures and disclosure of information and any other matters relating to electronic banking system proposed by the Central Bank of Iraq


Chapter VIII
Final Provisions


Article 28 First Systems may be issued to facilitate the implementation of the provisions of this law
Secondly, the Minister issued instructions to facilitate the implementation of the provisions of this law
Article 29 of this law shall be from the date of its publication in the Official Gazette




The reasons
In line with the development in the field of information and communication technology and Internet activities and to provide bases and legal framework for electronic transactions through modern means of communication and encourage the Internet industry and information technology, development and planning services for electronic signature and electronic transactions and keep up with developments in the legal aspects of electronic and adapt the legal system of the traditional line with the IT systems and modern communications 0
Initiated this law.



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