e-Signature legal background, procedures, information
According to Article 17 of Act 35 of 2001 on electronic signature (hereinafter referred to as ‘Eat.’) the National Communications Authority has the following tasks in connection with electronic signature related services:
- to register on the basis of notifications the providers of advanced and qualified electronic signature related services,
- after the notification and during the whole period of operation of the operator to monitor that the operator fulfils the conditions laid down in Eat., the legislative provisions issued on the basis of the authorisation granted therein, the operator’s Code of Practice and General Contract Conditions,
- in the case of a qualified operator within 30 days of start of service provision and thereafter regularly and at least once a year to examine whether the qualified operator fulfils the technical, personal and organisational conditions required for the provision of service laid down in laws,
- to apply the sanctions laid down in Eat. to the operators not fulfilling the conditions,
- to receive the operators’ notifications on service suspension and termination and to ensure that the operator terminating its activity fulfils all obligations laid down in Eat.,
- to keep a register of voluntary accreditation schemes defined in Article 8/B of Eat. and the operators certified on the basis of them,
- to keep a register of the organisations designated by the competent minister identified in Article 24 of Eat. which are authorised to certify signature creation devices and other electronic signature products and to approve the annual reports of the certification organisations,
- to keep a register of the signature devices and other electronic signature products certified by the authorised organisations,
- to keep a register of persons having expertise in electronic signature related services (electronic signature service experts),
- to perform the notification and information supply tasks as defined in Article 11 of Directive 1999/93/EC of the European Parliament and of the Council in respect of the European Commission and the other EU member states,
- to make continuously accessible for the public the public registers kept by it also electronically.
Matters connected with electronic signature related services can be managed:
- personally at NCAH's Customer Service (1133 Budapest, Visegrádi utca 106.)
- in writing addressed to NCAH's Directorate of Informatics Regulation (1525 Budapest, Pf. 75.)
Information about technical and professional issues connected with electronic signatures can be requested from NCAH's Customer Service or the Directorate of Informatics Regulation, on phone number 1-468-0673 or by fax at 1-457-7210.
The provisions of Act 4 of 1957 on the general rules of state administration procedures shall be applied to NCAH's procedures with the departures laid down in Eat. The Authority must adopt a decision within 60 days of reception of the request. The Authority's decisions may not be modified or annulled with the supervision powers, legal remedy against it through a public administration procedure is not allowed.
Appeal against the decision may be filed within 30 days addressed the court. When the Authority takes a measure or imposes a fine the decision may be carried out immediately.
The special fee defined in Decree No. 20/2001 (XI. 15.) MeHVM and the general administration fee and administration.