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{Euphrates News} disseminate the text of the e-signature law and electronic transactions

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{Euphrates News} disseminate the text of the e-signature law and electronic transactions
Tuesday, 25 September / September 2012 16:42

{Baghdad: Euphrates News} published and Euphrates News Agency {} text electronic signature law and electronic transactions after the vote by the House of Representatives in today's session.



Behalf of the people
Presidency
Based on what passed the House of Representatives and approved by the President of the Republic and based on the provisions of sub-section (I) of Article (61) and item (iii) of Article (73) of the Constitution
Issued the following law:
No. () for the year 2012
Electronic signature law and electronic transactions
Chapter One
Definitions
Article 1 the following terms shall for the purposes of this Law shall have the meanings set opposite thereto:
First Minister: The Minister of Communications.
Second Company: Company for International Network Services in the Ministry of Information Communication.
Third information: data, text, images, shapes, sounds and symbols and the like that arise, integrate, store, address or send or receive electronic means 0
Fourthly electronic signature: personal mark in the form of letters or numbers, 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 to show the way electronic, digital or optical or any other similar means, and give an indication viable perception and understanding.
VI electronic transactions: applications, documents and transactions by electronic means 0
Seventh electronic means: hardware, equipment or tools electrical, magnetic, optical, electromagnetic, or any other similar means used in the creation and processing of information, exchange and storage.

Eighth electronic medium: a computer program or any other electronic means are used to perform an action or respond to an order to create or send or receive information 0
X. electronic documents: papers and documents that originate or integrate, store or send or receive in whole or in part by electronic means, including electronic data interchange or electronic mail or telegram or telex or telecopy carries electronic signature 0
XI electronic contract: Link yes, issued by one of the contractors to accept the other on the face proves its impact on the meeting, which is by electronic means 0
XII certificate: document issued by the certifier in accordance with the provisions of this law and which are used to prove the proportion of electronic signature to the site 0
XIII identification code: Code allocated by the certifier of the site to be used in electronic trading 0
XIV system information processing: the electronic system or software used to create the information sent, received or processed or stored electronically 0
XV certifier: a corporate person for issuing electronic signature certificates in accordance with the provisions of this law.
XVI location natural or legal person-winning electronic signature creation data, which signs the electronic document. The sign for himself or who his deputy or his legal representative
XVII consignee: the person who is sending him electronic document by electronic means 0
XVIII electronic gadget: a means of or create an electronic signature systems.
Nineteenth financial institution: a licensed bank or any authorized institutions dealing remittances according to the provisions of law 0
Twenty: illegal restriction: any limitation Mali added on customer's account without his knowledge or consent or authorization from 0
Chapter II
Law and force goals
Article 2 This law aims to مايأتي:
First to provide the legal framework for the use of electronic means to conduct electronic transactions 0
Secondly granting legal authentic electronic transactions and electronic signature and organize their rulings 0
Third, strengthen confidence in the validity of electronic transactions and safety 0
Article 3 first provisions of this Act shall apply to:
A electronic transactions carried out by natural persons or legal entities 0
B transactions consistent edges implemented by electronic means 0
C Securities and electronic trading 0
II do not apply the provisions of this law on the following:
A transaction relating to personal status issues and personal items 0
Create commandment LV and modify their provisions 0
C transactions relating to the disposition of immovable property, including the related agencies and securities ownership and the establishment of real rights, with the exception of leases for these funds.
D transaction fee by law certain formality 0
E. Court proceedings and judicial advertisements and announcements to come and search warrants and Amoamr arrest and judicial rulings.
And. Any document required by law documented mediated by a notary.
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 electronic document and according to the agreement signed and the addressee on how to conduct electronic transaction 0
Secondly An electronic signature within the scope of civil and commercial transactions and administrative authentic assessments of the written signature if taken into account in the establishment conditions stipulated in Article (5) of this Law 0
Article 5 holds the electronic signature authentic proof if supported by the certifier he meets the following conditions:
First associated with the electronic signature Active and no other.
Secondly, the electronic medium under the control of the site and no other.
Thirdly that any amendment or replacement of electronic signature discoverable.
Fourth to establish, in accordance with the procedures specified by the Ministry instructions issued by the Minister.
Article 6 The company مايأتي:
First licensing issue certificates after obtaining the approval of the Minister and in accordance with the law 0
Second, determine the technical standards for electronic signature systems and adjust the technical specifications and technical.
Third, follow-up and supervise the performance of those working in the field of certification and evaluate the performance of 0
Fourth, consider complaints relating to the activities of electronic signature or ratification of the certificate and electronic transactions and take appropriate decisions in the matter and in accordance with the law.
V. technical advice to those operating in the fields of electronic signature and ratification certificates.
VI set up training courses for workers in the fields of electronic signature and ratification certificates and the establishment of educational seminars and conferences in this regard 0
Article 7 is not permitted to engage in the activity of issuing the certificate without obtaining a license in accordance with the provisions of this law 0
Article 8 into account the company when granting authorization to engage in the activity of issuing the certificate the following conditions:
First, ensure competition and openness in the selection of the licensee 0
Second, determine an appropriate period to force license 0
Thirdly determine the means of supervision and follow-up technical and financial manner that ensures good performance of the licensees 0
Fourth inadmissibility stop practicing the licensed activity or merge with other entities or total or partial waiver of the license is within a period only نفاذيته after obtaining the approval of the company and in accordance with the law 0
Fifthly be the licensee supplies the necessary human and material resources for the practice of ratification electronic signatures 0
VI offers bail guarantor to meet fines or reparations or other financial obligations, to keep sponsorship list for the duration of the license 0
Seventh to have a fixed work site is known to practice activity relating to the authorization of 0
VIII support the competent authorities of the absence of any security obstacle licensing 0
Article 9 certificate is canceled in one of the following two cases:
First, upon the death of a natural person or the expiry of the legal person 0
Secondly, if it turns out that the information relating to the establishment of an electronic signature false or falsified or not conform to reality or that he has been compromised system, creating an electronic signature or when the illegal use of the certificate 0
Article 10 The licensee shall as follows:
First issue and recognizes and save digital certificates using reliable mechanisms and programs in order to protect them from counterfeiting and fraud 0
Second electronic record-keeping for certification is open to review it electronically constantly dealing with the signatories to the relevant information including the date of suspension or canceled certificates that is committed to protect it from all unlawful change 0
Third, to ensure the health 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 the system creating an electronic signature 0
Article 11 first licensee shall suspend the certificate of electronic certification immediately at the request of the site 0
Secondly Licensee a suspension of the certificate if he finds it used for an unlawful purpose or that the information they contain has changed and media site immediately comment caused 0
B site or others to challenge the decision of suspension before the competent court of the date of publication in the electronic record set forth in item (ii) of Article (10) of this law 0
Third Site is committed to informing all certifier illegal use of his signature and any change in the information contained in the certificate 0
Article 12, first on licensees to provide the company or the competent court reports including requested information and data relating to activities carried on by 0
Secondly, taking into account the provisions of paragraph (First) of this Article shall be electronic signature data and electronic means, the information provided to the certifier confidential and may not be for those who made ​​it or seen by virtue of his work disclosed to others or used in the purpose for which they were given.
Chapter IV
Electronic documents
Article 13 first be for electronic documents and electronic writing and electronic contracts authentic legal paper counterpart if where the following conditions have been met:
A that the information provided will be off the record and storage so that they can be retrieved at any time.
Possibility to keep the form in which they were created or sent Aotslmha or any form easily prove the accuracy of the information received when generated, sent or received, including modification is not possible addition or deletion.
C that the information provided will be a function of the Ancoha or received by the date and time it was sent and received.
II do not apply the conditions set forth in item (First) of this Article to the information accompanying the documents whose purpose is to facilitate the sent and received.
Thirdly site may or consignee to prove the validity of an electronic document all means of proof legally prescribed 0
Article 14 be copied image for electronic document-winning original copy of the recipe if where the following conditions have been met:
Information must first be copied and image data are identical with the original copy 0
Secondly be electronic document and electronic signature exist on electronic means 0
Third possibility of preserving and storing information and data is copied so that you can refer to it when you need 0
Fourth possibility to save the image copied in the form in which it was sent or received by the original copy of the document e 0
V. copied image contains information function on the site and recipient and the date and time of dispatch and receipt 0
Article 15 first may be at the time of the transaction by electronic means to provide information about them or sent or delivered to the non-paper means if the consignee able to print and store that information and refer to it later means available to him.
Second of the site to prevent the consignee of the use of electronic documents for a purpose other than the stomach for it and otherwise these documents are not binding on the site 0
Article 16 If the law requires use of a signature on an official document or plain and arranged an impact on themselves free from the electronic signature if the document electronically became a substitute for signature if and in accordance with the provisions of this law 0
Article 17, first is an electronic document or any part of it carries an authenticated electronic signature of the document as a whole or in respect of that part, as the case if signed during the period of validity of a certificate certified and in conformity with the definition set out in the code that certificate 0
Second is authenticated electronic document from the date of its establishment had not been subjected to any amendment unless it is proved otherwise 0
Chapter V
Electronic contracts
Article 18 first may be offer and acceptance of the contract by electronic means 0
Second is electronic documents issued by the site, whether issued him or on his behalf, or by electronic medium is intended to work automatically mediated site or on his behalf 0
Third, the consignee to prepare electronic documents issued by the site, and to act on that basis in any of the following cases:
A if the sender uses an information processing system previously agreed with the site to be used for this purpose to verify that the electronic documents issued by the site 0
If the documents, which came to the consignee resulting from measures carried out by people continued to believe in his authorized representative to enter the electronic means used by any of them to determine the identity of the site 0
Fourth Ayad electronic document issued by the site if the sender knew him not to release the document for the site or did not make the usual care to make sure that 0
Article 19 first if location request from the consignee under a document electronically informed of the receipt of the document or had 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 in response to that demand or agreement 0
Secondly if commented the site after the electronic document on receipt of notice from the consignee receipt document shall be deemed not to Recipient pending receipt of the notice 0
Thirdly, if requested location of the consignee acknowledge receipt of electronic document did not specify later so did not comment after the document on the receipt of the notification he may in the case of non-receipt of the notice within a reasonable time to ask the addressee to send the notice within a specified period, otherwise the document is capable of canceling 0
Fourth is the consignee notify site receipt evidence that the content of the document received is identical to the content of a document sent by the site unless proven otherwise 0
Article 20 first electronic documents is sent, from the time of entering information processing system is not subject to control of the site or the person who sent it on his behalf unless they agree the site and the addressee is 0
Second, if the addressee has identified an information processing system to receive documents فتعد Mtzlma when they enter into the system, if sent to the system that was specified shall be deemed to be sent has been since the consignee return it to the system selected him to receive the information 0
Third, if they do not identify the consignee information-processing system for the receipt of electronic documents shall be deemed at the time of receipt is the time to enter any information processing system of the addressee him 0
Article 21 first is electronic documents had been sent from the place where the headquarters of the site and it's received at the place where the headquarters work consignee and if it was not for either of them a place of business longer residence based work unless the site and the consignee have agreed to otherwise 0
Second, if the site or the addressee has more than one place of business shall be deemed the closest relationship to the transaction is a transmitter or place of receipt and if you can not specify the workplace is President is a place transmission or receipt 0
Chapter VI
Commercial paper and electronic financial
Article 22 first may create financial commercial paper and electronic manner and according to the following:
A meet the conditions and data should be available in the commercial paper and paper financial legally stipulated 0
B be information processing system able to prove right and verify that the electronic signature is up to the parties concerned 0
Second is an information processing system able to prove right in the commercial paper if he meets the following conditions:
A ensure safe handling of the commercial paper of which 0
B ensure circulation of commercial paper is subject to change 0
C show the names of the owners of the relationship in the commercial paper 0
Article 23 first be of commercial papers and electronic financial authentic assessments for their paper counterparts unless the law provides otherwise 0
Secondly apply the provisions of commercial paper and paper financial stipulated in the law on commercial paper and electronic financial and in line with the provisions of this law 0
Chapter VII
Electronic funds transfer
Article 24 may transfer funds by electronic means 0
Article 25 on each financial institution exercising acts of electronic transfer of funds take measures to provide safe services to customers and maintaining the confidentiality of banking transactions 0
Article 26 first 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 Ayad customer is responsible for any unlawful under enters at his own expense mediated by electronic transfer unless caused by fault or neglect 0
Article 27 regulating the electronic transfer of funds including the adoption of electronic payment methods and illegal entry and error correction procedures and disclosure of information and any other matters relating to electronic banking system proposed by the CBI 0
Chapter VIII
Final Provisions
Article 28 first may issue regulations to facilitate the implementation of the provisions of this law 0
Second to the Minister to issue instructions to facilitate the implementation of the provisions of this law 0
Article 29 This law shall be the date of publication in the official gazette 0


Reasons
Consistent with the development in the field of information and communication technology and Internet activities and provide the foundations and the legal frameworks for electronic transactions through modern means of communication and encourage the Internet industry and information technology, development and organization of e-signature services and electronic transactions and keep up with legal developments in the aspects of electronic and adapting the legal system the traditional line with IT systems and modern communications


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