D E C R E E FOR PROMULGATION OF THE LAW ON ELECTRONIC MANAGEMENT

20091051977 ASSEMBLY OF THE REPUBLIC OF MACEDONIA Based on Article 75, paragraphs 1 and 2 from the Constitution of the Republic of Macedonia, the President of the Republic of Macedonia, and the President of the Assembly of the Republic of Macedonia issue D E C R E E FOR PROMULGATION OF THE LAW ON ELECTRONIC MANAGEMENT The Law on Electronic Management, Passed by the Assembly of the Republic of Macedonia at the session held on the 18th of April 2009 is being is being promulgated. No. 07-3641/1 President 18 August 2009 of the Republic of Macedonia Skopje Gjorge Ivanov President of the Assembly of the Republic of Macedonia Trajko Veljanoski LAW ON ELECTRONIC MANAGEMENT Chapter One GENERAL PROVISIONS Article 1 Subject of the Law This Law regulates the work of Ministries, the other organs of the state administration, the organizations laid down by Law and other organs of state, courts, public prosecutions and the state attorneys, legal and other entities who have been entrusted by Law to perform public authorizations, the organs of the Municipalities, of the City of Skopje and municipalities of the City of Skopje (hereinafter referred to as organs), in the exchange of data and documents in electronic format, concerning the realization of administrative services by electronic means, when thus arranged by Law. Article 2 Application of the Law (1) The provisions of this Law shall apply to the work of both physical and legal entities when performing administrative services by electronic means. 1

(2) The provisions of this Law shall not apply when working with documents in electronic format containing classified information, personal data, as well as documents referring to the protection of the interests of security and defense of the Republic of Macedonia, when this has been laid down by Law. (3) The provisions of this Law shall not apply to the rules of work with documents in paper format when the Law outlines a specific procedure or design for execution of certain activities. (4) The procedures envisaged with this Law shall be applied in accordance with the provisions of the Law on General Administrative Procedure, unless this Law prescribes otherwise. Article 3 Meaning of the terms used in this Law (1) Individual terms used in this Law shall have the following meaning: - DOCUMENT IN ELECTRONIC FORMAT is any entry containing data which can be stored in information systems or be transmitted via telecommunication network in electronic format, - INFORMATION SYSTEM is a system used to compose, send, receive, store and otherwise process data and documents in electronic format, - CERTIFICATE is a confirmation of the fulfilment of the terms of functioning of information systems, - ELECTRONIC ADMINISTRATIVE SERVICES BY ELECTRONIC MEANS are services provided to physical or legal entities by the organs entitled to request and/or deliver by electronic means, in accordance to the Law. - MAIN DATA PROCESSOR is the organ that may collect, process and store data in accordance to the law, - DATABASE is a structured collection of entries or data stored in electronic format, - DATA IN ELECTRONIC FORMAT is data sent or received by electronic means, including electronic data exchange, - DATA EXCHANGE is the ability of information systems to process, exchange and store documents and data by electronic means, using unique technological standards and processes, - UNIQUE ENVIRONMENT FOR ELECTRONIC DOCUMENTS AND DATA EXCHANGE is managed environment for standardized document and data exchange between organs, - INFORMATION SECURITY is a system of measures for protection of information systems, the separate telecommunication network, the documents in electronic format and the data in electronic format against unauthorized and random access, use, change, prevention of access to the documents and data or their destruction, prevention of providing administrative services by electronic means, (2) The terms used in this Law the meaning of which has not been defined in paragraph (1) from the present Article, shall have a meaning defined by another Law. 2

Chapter two COLLECTING AND DELIVERING DATA BY ELECTRONIC MEANS Article 4 Single data collection and access (1) The organs are bound by line of duty to provide the data which has already been collected from physical and legal entities by the main data processor. (2) The main data processor is bound to provide the physical and legal entities with access to the data collected within, in accordance with the Law. Article 5 Delivering data by line of duty The main data processor shall be bound by line of duty to deliver data at previous request of the organs, if such data is necessary for execution of their responsibilities in accordance to the Law. Article 6 Automatic data delivery (1) Request for data delivery by individuals and legal entities to the organs and notification by the organs shall automatically be performed by electronic means. (2) In case of lack of technical capacities for automatic data delivery and in cases when the Law envisages manual registers storage, the data shall be delivered as electronic documents in a format with unstructured content, or delivered in paper. Article 7 Identification responsibility When exchanging documents by electronic means and when realizing administrative services by electronic means, the organs, physical and legal entities shall be bound to identify themselves with a single identifier, in accordance to Law. Article 8 Unique operating environment of information systems (1) Organs shall be bound to use information systems which recognize the unique environment in which single time is documented with accuracy of year, month, day, hour, minute and second. (2) The manner of recognition of the unique environment from paragraph (1) of this article shall be prescribed by the Minister of Information Society. Article 9 Internal rules of use of information systems The manner of use of information systems in organs for processing data in electronic format shall be laid down by organs, unless otherwise prescribed by Law. 3

Chapter three ADMINISTRATIVE SERVICES BY ELECTRONIC MEANS Article 10 Execution of administrative services Organs shall be bound to execute administrative services by electronic means, within their scope of work, unless the law envisages another procedure for performing those services. Article 11 Provider and user of administrative services (1) Provider of administrative services by electronic means shall be the main data processor, which provides administrative services by electronic means to individuals and legal entities, within their scope of work laid down by law (hereinafter referred to as provider). (2) User of administrative services by electronic means shall be an individual or legal entity, which has submitted a request for realization of administrative service by electronic means, in accordance to the law (hereinafter referred to as user). Article 12 Notification for completed administrative service (1) The provider shall notify the users for the completed services on his behalf by electronic means at the electronic mail address designated in the request. (2) The provider shall be bound to publicly display their web site. Article 13 Access to the administrative services (1) The Ministry of Information Society shall be responsible for the access portal for the administrative services by electronic means. (2) The form and content of the basic elements of the request for delivery of administrative services by electronic means shall be prescribed by the Minister of Information Society. (3) The provider shall use the requests for provision of administrative service by electronic means laid down in accordance with law. (4) The procedure for electronic payment for the completed administrative services by electronic means shall be executed in accordance with law. Article 14 Access to data and documents in electronic format The provider shall be bound to enable the user access to all data and documents that pertain to the requested administrative service by electronic means in accordance with law, in a manner allowing their retrieval and storage. 4

Article 15 Collecting, processing and providing personal data (1) The provider shall be bound to collect, process and provide personal data for use only when it is laid down by law. (2) Personal data can not be used for purposes, different than the ones laid down by this Law, unless there is a consent on behalf of the individual. (3) The provider shall prove the existing consent of the individual from paragraph (2) of this Article. (4) In collecting, processing and providing personal data for use, the providers shall be bound to apply the regulations for personal data protection. Article 16 Technical requirements and policies (1) The technical requirements for enabling access to the administrative services by electronic means and the policy of the provider for the used graphic and other portals of the information system shall be prescribed by the Minister of Information Society. (2) The technical requirements and the policy of paragraph (1) of this article shall be published on the web site of the Ministry of Information Society and the web site for access to the administrative services by electronic means. Delivery of documents in electronic format Article 17 Request submission The user can submit requests in electronic format in accordance with the regulations on electronic data and electronic signature. Article 18 Web-portal for request submission (1) Submission of the requests in electronic format by individuals or legal entities is done: 1. By a constantly accessible web-portal 2. By designated unique environment for exchange of documents and data in electronic format; and 3. Other manner laid down by the law. (2) The web portal from paragraph (1) point 1 of this Article shall enable completion of administrative services by electronic means, in accordance with the regulations for data in electronic format and electronic signature, by the use of simple means for work of the user, including physically challenged persons. Article 19 Format of electronic documents (1) The format of every electronic document shall be unified for all the organs implementing this Law. (2) The format of the document of paragraph (1) of this Article shall be prescribed by the Minister of Information Society. 5

Article 20 Obligation for possession of an electronic mail address (1) The user shall be bound to report his electronic mail address of receipt of administrative services by electronic means to the provider, in accordance with law. (2) In the event that the user changes the address without prior notification to the provider, or reports an incorrect electronic mail address, all of the notifications delivered to the reported address shall be considered properly delivered. (3) The user can use special electronic mailbox for exchange of administrative services by electronic means, in accordance with law. Article 21 Identity check of the user Identity check of the user when submitting the request by electronic means shall be performed in accordance with the regulations for the electronic data and electronic signature. Article 22 Procedure for received paper requests and documents (1) When the requests and documents of the users are submitted to the organs in paper, they shall be entered in the information system of the organ by scanning. (2) The check whether the scanned request and document match the original shall be performed by electronic signature by the employee executing the scan. (3) The requests and the documents from paragraph (1) of this Article shall be stored by the organs and may only be exchanged in electronic format. Receipt of electronic documents Article 23 Receipt of requests by electronic means The requests submitted by electronic means shall be received by persons authorized by the provider. Article 24 Deadline of receipt of requests (1) Request by electronic means shall be considered received at its registration in the web portal or the unique environment for exchange of documents and data in electronic format. (2) Error risk when delivering the request to the provider is at the cost of the user. Article 25 Adequacy check (1) When the request sent by electronic means to the provider is in different format than the one laid down by law, or the user can not be identified in accordance with law, a notification shall be sent to the user that there is no receipt confirmation, and its causes. (2) The check from paragraph (1) shall be executed automatically provided that there is technical possibility in the information system. 6

Article 26 Confirmation of receipt (1) Upon receipt of the request in electronic format, the user shall be sent confirmation of receipt. (2) The confirmation from paragraph (1) of this Article is an electronic document the content of which is designated in accordance with the regulations for archival contents. Article 27 Accuracy check (1) The provider shall check the accuracy of the request and the accuracy of the delivered data. (2) In case irregularities are detected in the request the user shall be sent electronic notification with directions and deadline for error removal, in accordance with the Law on General Administrative Procedure. Delivery and storage of documents in electronic format Article 28 Delivering a document in electronic format The administrative services by electronic means of the provider, addressed to the user, shall be delivered to the address of the electronic mail, in accordance with Article 20 of this Law. Article 29 Storage of documents in electronic format All received and delivered documents in electronic format shall be stored in the information system of the organs, in accordance with law. Chapter Four COMMUNICATION AMONG THE ORGANS BY ELECTRONIC MEANS Manner of communication among the organs by electronic means Article 30 Obligations for communication among the organs by electronic means (1) The organs shall be bound to exchange data and documents by electronic means, in order to complete work laid down by law. (2) In case of it not being laid down by law, the manner of communication among the organs by electronic means for exchange of data and documents can be laid down by agreements among the organs. Article 31 Unique environment for communication among the organs by electronic means (1) Communication among the organs by electronic means shall be performed via the unique environment for exchange of documents and data by electronic means. 7

(2) The manner of communication among the organs by electronic means via the unique environment for exchange from paragraph (1) of this Article and its maintenance shall be prescribed by the Minister of Information Society. Article 32 Use of single standards and rules (1) The organs shall be bound to use unified numerations in the mutual communication by electronic means. (2) The standards and the rules for unified numerations from paragraph (1) of this Article shall be prescribed by the Minister of Information Society. (3) The standards and the rules for the security of the information systems used by the organs for communication by electronic means shall be prescribed by the Minister of Information Society. Article 33 Provision of information security (1) The organs shall be bound to apply measures for information security of the information system used for communication by electronic means. (2) Specific standards and rules for information security of the system from paragraph (1) of this Article shall be prescribed by the Minister of Information Society. Recording the bases of the organs Article 34 Databases of the organs in mutual communication (1) The Ministry of Information Society shall keep records of the databases of the organs in mutual communication by electronic means, as a separate electronic database, for the purpose of completion of the functions laid down by this Law. (2) The design and content of the records from paragraph (1) of this Article, as well as the manner of their performance, shall be prescribed by the Minister of Information Society. (3) The organs shall be bound to deliver notification to the Ministry of Information Society for the establishment of the database, its maintenance and storage, as well as the changes that pertain to its status, that the database is collected, used and stored for. (4) The format and content of the notification form from paragraph (3) of this Article as well as the manner of notification shall be prescribed by the Minister of Information Society. Article 35 Bases of administrative services by electronic means (1) The Ministry of Information Society shall keep records for the bases of administrative services by electronic means as a separate electronic database for all organs, containing service description through defined technical standard and specification. (2) The manner of use, entry, access and records storage from paragraph (1) of this Article shall be prescribed by the Minister of Information Society. 8

Certification of the communication among the organs by electronic means Article 36 Certificate for functionality of the information systems (1) The Ministry of Information Society shall certify the information systems used by the organs for communication by electronic means. (2) The manner of certification from paragraph (1) of this Article, as well as the design and content of the certificate shall be prescribed by the Minister of Information Society. Article 37 Control of the functionality of the information systems The Ministry of Information Society shall control the functionality of the information systems used by the organs for mutual communication by electronic means. Chapter five VIOLATION PROVISIONS Article 38 (1) Fine at the amount of 500 to 1,000 euros in denar value shall be pronounced for a violation to an authorized person in a legal entity if they act in contrary to the provisions from Article 4, Article 5, Article 7, Article 8, paragraph (1) and Article 22 of this Law. (2) Fine at the amount of 500 to 1,000 euros in denar value shall be pronounced for a violation to an authorized person in an organ if they carry out the violations laid down in paragraph (1) from this Article. Article 39 (1) Fine at the amount of 1000 to 1500 euros in denar value shall be pronounced for a violation to an authorized person in a legal entity if they act in contrary to the provisions from Article 10, Article 12, paragraph (2) and Article 14 of this Law. (2) Fine at the amount of 1000 to 1500 euros in denar value shall be pronounced for a violation to an authorized person in an organ if they carry out the violations laid down in paragraph (1) from this Article. Article 40 (1) Fine at the amount of 1500 to 2000 euros in denar value shall be pronounced for a violation to an authorized person in legal entity if they act in contrary to the provisions from Article 30, paragraph (1), Article 31, paragraph (1), Article 32, paragraph (1), Article 33 paragraph (1) and Article 34, paragraph (3) of this Law. (2) Fine at the amount of 1500 to 2000 euros in denar value shall be pronounced for a violation to an authorized person in an organ if they carry out the violations laid down in paragraph (1) from this Article. 9

Article 41 For the violations laid down in the Articles 38, 39 and 40 from this Law, the violation procedure is administered by the court competent. Article 42 Prior to the submission of a request for procedure on violation, for the violations in this Law, the Ministry of Information Society administers a procedure for alignment, in accordance with the Law on Violations. Chapter Six TRANSITIONAL AND FINAL PROVISIONS Article 43 The organs and the information systems which use it, shall harmonize their work with the provisions of this Law within two years from the day this Law begins to apply. Article 44 Bylaws laid down by this Law shall be adopted within six months from the day this Law enters into force. Article 45 This Law comes into force on the eighth day following its publication in the Official Gazette of the Republic of Macedonia and shall apply from 1 st June 2010. 10