Bulgaria
From eSignatureLegalWiki.org
| Bulgaria | |
| Legislation: | Yes |
|---|---|
| Status: | Enacted |
| Year Enacted: | 2001 |
| Require Smart Cards: | No |
| Require Time-Stamping: | Yes |
| Excluded Documents: | Yes |
| Case Law: | None |
Contents |
History
The Electronic Document and Electronic Singature Act[1] was enacted in 2001. Minor amendments were promulgated in SG. 34/6 Apr 2001, SG. 112/29 Dec 2001, SG. 30/11 Apr 2006, SG. 34/25 Apr 2006, and SG. 38/11 May 2007.
Three Ordinances for the implementation of EDESA were enacted as follows:
1. The Ordinance for the Activities of the Certification Service Providers, the Terms and Procedures for Termination thereof, and the Requirements for Provision of Certification Services - Prom. SG. 15/8 Feb 2002.
2. The Ordinance for the Requirements to the Algorithms for Qualified Electronic Signature - Prom. SG. 15/8 Feb 2002.
3. The Ordinance for the Procedure for Registration of Certification Service Providers - Prom. SG. 15/8 Feb 2002.
Overview
1. Electronic Document and Electronic Signature Act regulates the legal regime of the electronic documents and electronic signatures, the status of the certification service providers and the rules for provision of certification services. The law regulates the usage of e-signatures in both private and public sector. Usage of e-signatures in the judicial system, by the National Bank, by the Parliament and some other state bodies should be regulated by separate laws.
2. The Ordinance for the Activities of Certification Service Providers, the Terms and Procedures for Termination thereof, and the Requirements for Provision of Certification Services establishes: particular legal framework for the activity of the certification service providers and the order and manner for waiving down their activity; the requirements to the qualified certificates profiles; the requirements to the information storage for the purposes of provision of services by the certification service providers; the requirements to the content, the format and the sources related to data disclosure by the certification service providers; the order and manner for directory keeping; the requirements to the certification bodies and auditors and the procedure for accreditation of such persons by the Communications Regulation Commission.
3. The Ordinance for the Requirements to the Algorithms for Qualified Electronic Signature establishes the statutory requirements to the algorithms for qualified electronic signatures.
4. The Ordinance for the Procedure for Registration of Certification Service Providers lays down the order and the conditions, pursuant to which the Communications Regulation Commission shall perform a special procedure for the registration of certification service providers, issuing qualified certificates for universal e-signatures.
Legislation Definitions & Excerpts
Electronic Signature Definitions
Under Art.13, para.1, i.1 of the Bulgarian Law as an "electronic signature" shall be considered any information: related to the electronic statement in a manner consented to by the signatory and the addressee, secure enough with a view to the needs of the market exchange, that i) reveals the identity of the signatory, ii) reveals the consent of the signatory with the electronic statement, and iii) protects the contents of the electronic statement from subsequent changes.
The "qualified e-signature" is defined by the law as a transformed electronic statement incorporated, attached to, or logically linked to the electronic statement. The transformation should be accomplished through algorithms based on the usage of a private key of an asymmetric cryptosystem. The signature should have been created by a secure signature creation device and should be based upon a qualified certificate as defined in Art.24, issued by a Certification Service Provider that meets the requirements of Art.21.
The "universal e-signature" shall be considered any qualified electronic signature, the certificate for which is issued by a Certification Service Provider, registered by the Communication Regulation Commission under a special procedure under Article 34.
The Bulgarian law provides two definitions that are relevant to the electronic signatures – "owner" and "signatory". As an "owner" of the electronic signature shall be considered the person on behalf of whom the electronic statement has been made. He is the “owner”, the "titular" of the e-signature. He could be either legal or natural person.
The "signatory" shall be a person authorized to make electronic statements on behalf of the owner of the electronic signature. Under the law no one but the signatory shall have the right of access to the signature-creation data. The signatory could be only a natural person.
Under Bulgarian law (art.19) the "certification service provider" is defined to be a person who issues qualified certificates, keeps a directory and provides a third person with access to the certificates that have been published. Additionally the CSP may provide service for the creation of the private and public key for qualified electronic signatures.
Requirements Pertaining to Electronic Signatures
Under Art.13, para.2 the non-qualified and the qualified e-signature are equal as regards their legal value to a handwritten signature, except for cases where the owner or addressee of the electronic statement is the state, a state body or a local government body.
The universal e-signature shall have meaning of a handwritten signature in respect to everyone. The Council of Ministers shall determine the state authorities that may use another type of electronic signature (non-qualified or qualified) in their relations.
The usage of e-signatures in the judicial system and by certain state authorities like the Bulgarian National Bank, the National Assembly, the Constitutional Court, etc. would not have legal effect as handwritten signatures unless special law regulating the issue is enforced.
Excluded Documents
Documents which cannot be created in electronic form, thus electronically signed are those:
1. for which the law requires qualified written form (notary deeds, testaments made by manuscript, etc.);
2. for which phisical bearing or holding copy thereof has a legal relevace (securities, bills of lading, etc.).
Case Law
- Unknown
