Workshop on registered electronic mail policies and implementation Ankara, March 2015 Davide Mula REM country practice in legal infrastructure, operations, interoperability, usage areas, security approaches, accreditation and supervision of REMSPs - Italy

A few words on AGCOM 2 AGCOM is an independent and convergent regulatory authority established in 1997 by Law 249/97 for the whole communications system in Italy. AGCOM is one of the first convergent regulators established in Europe, designed to tackle the challenge posed by the continuous technological developments of the communications sector.

A few words on AGCOM AGCOM has the task to regulate the markets, monitor the operators’ compliance to the obligations, enforce its decisions also through the imposition of penalties in the following sectors: 3 Audiovisual sector Electronic communications sector PressPostal services (following Decree 201/11)

REM in Italy 1.Technical infrastructure and legal value 2.Usage 3.Accreditation of PEC Service Providers 4.Supervision of PEC Service Providers and security approaches 4

REM in the European Union 5 In the European Union some specific domestic legislation is in place, or is being developed to cover REM, or REM services’ legal validity and implementation.

REM in Italy 6 In Italy REM is known as “Posta Elettronica Certificata” (PEC). PEC was defined in Decree by the President of the Republic 11 February 2005, No 68. The Agency for the Digitalisation of Italy (AgID) established the technical rules and manages the accreditation and supervision of PEC Service Providers.

Posta Elettronica Certificata 7

Legal value of PEC What is proved by a PEC receipt? 1.That an (text and documents attached) has been sent by the sender’s account to its provider. 2.That the was received by the addressee’s server. 3.That the was displayed by the addressee. 8

Interoperability of PEC The PEC infrastructure works only between PEC accounts, so no evidence related to delivery is given by the PEC Service Provider if the addressee does not also have a PEC account. 9

REM in Italy 1.Technical infrastructure and legal value 2.Usage 3.Accreditation of PEC Service Providers 4.Supervision of PEC Service Providers and security approaches 10

PEC usage: PA Decree 29 november 2008, No 185, converted by Law 2/2009: every enterprise and every freelancer must have a PEC account. 11

PEC usage: PA CAD, Law 2/2009, and all following rules aim to facilitate communication between public administrations and enterprises or professional freelancers 12

PEC usage: PA 13 Even if article 3 of the CAD states that citizens have the right to use information technologies to dialogue with a public administration (PEC and web sites), this channel of communication is not really used.

PEC usage: PA 14 The article 47 of the CAD impose also to public administrates to exchange documents and informations by PEC.

PEC usage: sick notes Legislative Decree No 150/ Law 3/2010: doctors must send sick notes for public and private employees to the INPS (National Social Insurance Agency) that then sends them to the employers. 15

PEC usage: sick notes Legislative Decree No 150/ Law 3/

PEC usage: Civil Trial 17 The On-Line Civil Trial is the most important and relevant usage area of PEC. The On-Line Civil Trial aims to increase the availability of on-line services building a two- way data and document interchange and application interoperability between all the parties involved in civil cases.

PEC usage areas : Civil Trials The system is intended to enable external users, as well as lawyers and expert witnesses, to: create, digitally sign and transmit their own legal acts to the Court receive notifications from the Court at their PEC addresses get full access to the information and the electronic acts. 18

PEC usage: Civil Trials The system is intended to enable judges, groups of judges and their staff, to: manage and plan activities and documents create, digitally sign and transmit decisions analyse data relating to proceedings and documents. 19

PEC usage: Civil Trials 20

PEC usage: Civil Trials 21

PEC usage: Civil Trials Decree No 179/2012, art. 16-bis states that lawyers are obliged to start a legal proceeding by PEC Decree No 90/2014, art. 45 states that to submit a pleading lawyers must use PEC 22

REM in Italy 1.Technical infrastructure and legal value 2.Usage areas 3.Accreditation of PEC Service Providers 4.Supervision of PEC Service Providers and security approaches 23

Accreditation of PEC SPs 24 PEC providers must achieve accreditation at AgID to operate as such. This is ensured by AgID that, acting also as the PEC related certification Authority, issues to each provider the certificates necessary to support the messages signature. This legislation lays down: 1.requirements on the PEC provider 2.requirements on the service 3.technical specifications on messages and evidence

REM in Italy 1.Technical infrastructure and legal value 2.Usage areas 3.Accreditation of PEC Service Providers 4.Supervision of PEC Service Providers and security approaches 25

Supervision of REM SPs 26 AgID acts also as the supervision body on PEC providers. Supervision activities are ruled by the AgID Circular, 7 december 2006, n. 51. PEC SPs perform periodic tests to verify the interoperability of their systems and report promptly any malfunctions, classifying detected. critical levels. In case of significant problems, AGID predisposes the suspension of the provider. In addition, the Agency may carry out inspections at the facilities that will be used by the operator to verify the compliance of the PEC system.

Security 27 PEC SPs must: Provide documentation showing that the Security Officer has received proper training, including technical and organizational updates, in order to maintain the characteristics of experience. Provide documentation and carry out procedures that show that the PEC messages are protected from unauthorized access during the time that they are in the system of the Manager.

Thank you for the attention Avv. Davide Mula 28