REM practice in Slovenia in legal infrastructure, operations, interoperability,

usage areas, security approaches, accreditation and supervision of Registered Electronic Mail Service Providers (REMSPs)

Workshop 57074

Ankara, 16.3. – 17.3. 2015

Agenda:

Introduction Legal background in Slovenia Usage areas Accreditations and supervision REM service providers in Slovenia

In present where the connectivity is giving the chance to expand the possibilities of usual business to the business online, the public administrations and commercial companies need to follow this trend to avoid the lagging behind and to give the citizens opportunity to do their business with commercial and governmental bodies electronically.

In order to fully implement the e-commerce and e-government, one of the crucial factors to be considered is TRUST.

To establish appropriate environment, it has to be ensured that any entity using electronic services has suitable security control and mechanisms in place to protect their transactions and to ensure trust and conficdence with their partners.

Introduction:

Electronic Commerce and Electronic Signature Act from 2004 (ZEPEP)

Electronic Commerce Market Act from 2009 (ZEPT) The Regulation 910/2014 is directly transferable

Main fields and differences among the two acts:ZEPEP: e-commerce with the usage of the information and communications technologies and usage of e-signature in the legal trasactions, including e-signature in judicial and administrative processes.

ZEPT: about registered office of the information society services provider, commercial communications, electronic contracts, liability of intermediaries, the infomation society services field code of conduct, out of court dispute resolution, legal protection and cooperation between memeber states.

Legal basis in Slovenia (1)

The ZEPEP act covers the questions regarding the registered electronic mail:

Electronic mail (e-mail) is a set of data sent or received electronically. That includes electronic data intercahnge and the electronic mail.

Sender is a person who sent the e-mail, or the email was sent on behalf of and in accordance with the will of that person.

Addressee of the email is the person to whom the email was intended.

Recipient of the email is the person who actually received the email.

Legal basis in Slovenia (2)

It can be confirmed that the email originates from the sender if:

it is sent by the sender or

it is sent by the person with the power of attorney from the sender or

it is sent by the information system, administrated by the sender or administrated by sender‘s ordinance to automatize the performance or

if the addressee used the agreed procedure for the confirmation of the emails source.

Each email is treated indivdually.

In case when the sender demands or agrees with the receiver for the confirmation of the reception of the email, it is considered that the email is delivered when the reception is confirmed.However that only means that the email is delivered, but doesn‘t assure that the content is the same as sent by the sender.

Legal basis in Slovenia (3)

Existing legislative – the process

Communication between the citizens and e-government

Communication for legal entities in the electronic commerce on the internal market

Usage areas

Supervision is under authority of the Ministry for internal affairs

Supervisor:

◦ Checks whether the internal rules of the certifiers comply with demands of the act and secondary legislation,

◦ Checks whether the certifier‘s actions complies with demands of the act, secondary legislation and his internal rules,

◦ Supervises the usage of processes and correspondent infrastructure in case when the certifier issues certificates,

◦ supervises the legality of issuing, storage and revocation of certificates,◦ Supervises the legality of service providing of others certifiers.

Supervisor may supervise the documentation and acts; the examination of the offices and technical equipment of the certifier as well as decisions, processes and procedures.

Supervisor has to keep the confidentiality level of the personal and in as confidential marked data.

Supervision (existing situation)

In case when there is a breach found, the supervisor acts with a decision:

◦ Prohibits the operations of the certifier (in whole or partially);

◦ Demands the annullation of the certificates of there is a possibility of infingement.

The decision can be appealed with the Governement, but it does not delay its execution.

That does not influence on the previously issued certificates.

Supervision (existing situation) (2)

The public register of the certifiers is under authority of the Ministry for public administration.

Those certifiers who comply with demands of the act, can be entered in the register.

Foreign certifiers, who provide the certificates on the territory of the republic of Slovenia, must be entered into the register.

The register is safely electronically signed by the Ministry.

The data from the register are published on the Ministry‘s webpage together with the register itself.

Authorisation

There are three main public service providers in Slovenia, who provides all the services: qualified electronic signatures, electronic seals, advanced electronic seals and REM services:

◦ POŠTArCA; established from the Pošta Slovenije (incumbent post operator);

◦ HALCOM; private entity;

◦ SIGENCA; established by the Ministry for public administration;

The secure network of the public administration is called HKOM (SIGOVCA) and it is closed for public usage, but provide at least all the safety and trust features as demanded for commercial certifiers.

Service providers in Slovenia