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Scope
Article 1This Law shall regulate electronic document, electronic identification and trust services in electronic business.
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Meanings of Individual Expressions
Article 2Individual expressions, within the meaning of this Law, shall have the following meanings:
1) electronic business shall be the use of data in electronic form, means of electronic communication and electronic data processing in conducting the business of natural and legal persons;
2) electronic form of data shall be the digital recording of data suitable for electronic processing and transmission by electronic communications means;
3) electronic transaction shall be the business activity between two or more parties that is carried out electronically;
4) electronic document shall be a set of data comprising of letters, numbers, symbols, graphic, audio and video materials, in electronic form;
5) a product shall be the hardware, software, i.e. hardware with accompanying software, or the relevant components thereof, which are intended for electronic processing, electronic transmission and/or storage of data;
6) interoperability shall be the ability of two or more systems or of the components thereof to exchange data and enable joint use of data and knowledge;
7) a public sector authority shall be a state authority, an authority of the Autonomous Province, an authority of a local self-government unit, of a company, institution, organisation and individuals entrusted with the tasks within the competence of the Republic of Serbia, i.e. public powers;
8) a natural person representing a legal person shall be a natural person that has been registered to conduct a certain business activity in compliance with the law;
9) authentication shall be the process of identity verification of a legal person, natural person or a natural person representing a legal person, including verification of integrity and origin of data which is presumed to be created, i.e. sent by such person;
10) person identification data shall be the set of data based on which it shall be possible to uniquely establish the identity of a legal person, a natural person or a natural person representing a legal person;
11) electronic identification shall be the procedure of using person identification data in electronic form uniquely representing either a legal person, a natural person or a natural person representing a legal person;
12) electronic identification means shall be a material and/or immaterial means containing identification data and which is used to prove identity on the occasion of authentication;
13) electronic identification scheme shall be a system for issuing electronic identification means to a legal person, natural person or a natural person representing a legal person;
14) electronic identification service shall be a service enabling the use of a certain electronic identification scheme in electronic transactions, where within such service guarantees are provided that identification data from the electronic identification means is matched to the person to which the means was issued;
14a) node shall be a connection point that is part of the structure of interoperability of electronic identification and shall enable cross-border authentication of persons and shall have the function of recognizing and processing, i.e. forwarding data transmission to other nodes by ensuring that the electronic identification infrastructure of one country is connected to the electronic identification infrastructure of another country;
15) trust service shall be an electronic service facilitating the business activity between two or more parties, where it is based on the service provider's guarantees of authenticity of individual pieces of data to the parties, which is as such determined by this Law;
16) a trust service provider shall be a legal person or a natural person representing a legal person who provides one or more trust services;
17) a relying party shall be a legal or natural person that relies upon an electronic identification service and/or a trust service;
18) a qualified trust service shall be a trust service that meets the requirements laid down by this Law for the qualified trust service;
19) a provider of a qualified trust service shall be a legal person or a natural person representing a legal person that provides one or more qualified trust services, in accordance with this Law;
20) electronic signature shall be a set of data in electronic form which is attached or logically associated with other (signed) data in electronic form in such a manner as the electronic signature is verifying the integrity of such data and the identity of the signatory;
21) electronic seal shall be a set of data in electronic form which is attached or logically associated with other (sealed) data in electronic form in such a manner as the electronic seal is verifying the integrity of such data and the identity of the creator of the seal;
22) electronic signature and/or seal creation data is unique data used by the signatory and/or creator of the seal to create an electronic signature and/or seal and which is logically associated with the relevant data for electronic signature and/or seal validation;
23) electronic signature and/or seal validation data shall be data based on which it is checked whether an electronic signature and/or seal corresponds to data that is signed and/or sealed;
24) certificate for electronic signature and/or seal shall be the electronic attestation verifying the link between the electronic signature and/or seal validation data and the identity of the signatory and/or creator of the seal;
25) signatory shall be a natural person who has created an electronic signature and whose identification date is specified in the certificate based on which such electronic signature is created, i.e. on the certificate attesting the link between the identity of such signatory and data for electronic signature validation which corresponds to data for electronic signature creation used by the signatory in creating such electronic signature;
26) creator of a seal shall be a legal person, a natural person in the capacity of a registered subject, a natural person entrusted with the exercise of public authority or a natural person who in the performance of activities in accordance with special regulations has the right to use the seal (e.g. persons licensed to perform tasks or carry out activities), on behalf of whom an electronic seal is created and whose identification data is specified in the certificate based on which such electronic seal is created, i.e. in the certificate attesting the link between the identity of such creator of a seal and electronic seal validation data corresponding to data for electronic seal creation that has been used according to the authorisation of the creator of the seal in creation of such electronic seal;
27) electronic signature and/or seal creation device shall be the technical device (software and/or hardware) that is used to create an electronic signature and/or seal with the use of data for electronic signature and/or seal creation;
28) validation shall be the procedure for verification and confirmation of the validity of an electronic signature and/or electronic seal;
29) advanced electronic signature shall be the electronic signature which meets additional requirements for the provision of a higher level of reliability in verification of data integrity and signatory's identity in compliance with this Law;
30) a qualified electronic signature shall be an advanced electronic signature that is created by a qualified electronic signature creation device and which is based on a qualified certificate for electronic signature and that is issued by a provider of a qualified trust service in accordance with this Law;
31) a qualified electronic signature creation device shall be a device complying with the requirements prescribed by this Law;
32) a qualified certificate for electronic signature shall be a certificate for electronic signature which is issued by a provider of qualified service of trust and which complies with the requirements provided by this Law;
33) an advanced electronic seal shall be an electronic seal which complies with additional requirements for the provision of a higher level of reliability of verification of data integrity and identity of a creator of the seal in compliance with this Law;
34) a qualified electronic seal shall be an advanced electronic seal that has been created by means of a qualified electronic seal creation device and which is based on a qualified certificate for electronic seal;
35) a qualified electronic seal creation device shall be a device complying with the requirements prescribed by this Law;
36) a qualified certificate for electronic seal shall be a certificate for an electronic seal that is issued by a provider of qualified service of trust and that complies with the requirements provided for by this Law;
36a) a management service of a qualified tool for creating an electronic signature remotely shall be a service for creating a qualified electronic signature remotely through an electronic signature creation tool managed on behalf of the signatory by a provider of a qualified trust service and shall guarantee that the data for creating an electronic signature are used under the exclusive control of the signatory, in accordance with this Law;
36b) a management service of a qualified tool for creating an electronic seal remotely shall be a service for creating a qualified electronic seal remotely through an electronic seal creation tool managed on behalf of the creator of a seal by a provider of a qualified trust service and shall guarantee that the data for creating an electronic seal are used under the exclusive control of the creator of a seal, in accordance with this Law;
37) a certificate for website authentication shall be an attestation by means of which it is possible to perform authentication of a website and by means of which a website is linked to the identity of a natural or a legal person to whom the certificate is issued;
38) a qualified certificate of website authentication shall be a certificate for website authentication which is issued by a provider of qualified service of trust and which complies with the requirements provided for by this Law;
39) an electronic time stamp shall be the official time attached to data in electronic form establishing evidence that such data existed at such time;
40) a qualified electronic time stamp shall be an electronic time stamp which complies with the requirements laid down by this Law for a qualified electronic time stamp and is issued by a provider of a qualified trust service in accordance with this Law;
41) an electronic registered delivery service shall be a data transfer service by electronic means within which the service provider provides evidence relating to the handling of the transmitted data, including proof of sending and receiving the data, whereby data transmitted is protected against the risk of loss, theft, damage and/or any other unauthorised alterations;
42) conversion shall be the translation of a document from one form into another in such a manner as to preserve the document contents;
43) digitalization shall be the conversion of a document from a form that is not an electronic form into an electronic form;
44) a digitalized document shall be a document that has been created by means of digitalization of the original document;
45) a conformity assessment body shall be a body authorised to conduct conformity assessment of a provider of qualified service of trust and of a qualified trust service provided by him with the requirements for the provision of qualified trust services.
All terms used in this Law in the masculine gender shall include the same terms in the feminine gender.
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Application
Article 3A trust service provider shall provide trust services in compliance with this Law.
The provisions of this Law shall not apply to the trust services provided exclusively within a closed system, i.e. within a limited circle of participants, which may be designated by an agreement, an internal act or a regulation, and which have no impact on any third party, i.e. which are not binding on any third parties outside such system.
