eGovernance Legal Framework George Valchev MTITC

Page  2 eGovernment Legislation Law on Electronic Governance (2008) Three main groups of relations: Relations of providing administrative services to citizens electronically; Relations concerning the internal exchange of information and documents; Relations associated with the automated exchange of electronic documents between аdministrations.

Page  3 eGovernment Legislation Law on Electronic Governance (2008) Creates the following obligations: Obligation to provide unified electronic services to citizens and businesses; Obligation to respect the principle of single data collection; Obligation to comply with certain standards for creating, storing, processing and exchange of information between state agencies and organizations; and Conditions for electronic access to information in state agencies and organizations.

Page  4 Freedom of Information Legislation Access to Public Information Act (2000) The most recent amendment of the Act has introduced: Extended scope of bodies involved, by including the regional offices of the central authorities and bodies financed under EU programs and funds; The obligation for the provision of partial access to information; The obligation for proactive publication of information online; The public interest test.

Page  5 Data Protection/Privacy Legislation Law for Protection of Personal Data (2001) The Law has been modelled on the EU Directive 95/46/EC; The collection, storage and processing of the personal data of individuals; The application of the Act is overseen by the Commission for Personal Data Protection;

Page  6 eCommerce Legislation Law on eCommerce (2006) In order to implement the EU Directive on electronic commerce (2000/31/EC); The law introduces a definition of ‘SPAM’; Modern regulation regarding cashing, hosting, distribution of unsolicited commercials, amongst other.

Page  7 eCommunications Legislation Law on Electronic Communications (2007) The Law has three main objectives: Create the appropriate conditions to enable the development of competition in the provision of eCommunications; Facilitate the advancement of the internal market for electronic communications; Safeguard citizens' interest.

Page  8 eCommunications Legislation Telecommunications Act (2003) In December 2006, Bulgaria notified to the EU its Telecommunications Act of 10 October 2003; To provide preconditions for the development of the telecommunication market; The management of the telecommunications shall be carried out by the Council of Ministers, by the Council for the national radio frequency spectrum and by the Minister of Transport and ICT.

Page  9 eSignatures Legislation Law on Electronic Document and Electronic Signature (EDESA) (2001) The Law transposed the EU Directive on a Community framework for electronic signatures (1999/93/EC) ; The Law also creates a competitive market for companies - suppliers of certification services (electronic signature); 'advanced electronic signature' vs. 'qualified electronic signature'.

Page  10 eProcurement Legislation Public Procurement Law (2004) Last amended in September 2006; The law is in line with the 2002 'acquis,' and it contains regulations pertaining to eProcurement, covering among other, eNotification, eTendering, eAuctions and the Dynamic Purchasing System.

Page  11 Re-use of Public Sector Information (PSI) Access to Public Information Act (2007) Bulgaria has completed the transposition of Directive 2003/98/EC on the re-use of public sector information with a decree amending the Access to Public Information Act. This amendment came into force in June 2007.

Page  12 еServices Legislation SINGLE INTERNAL MARKET OF SERVICES Services - one of the four freedoms in the EU(goods, services, people and capital); Services constitute the engine of economic growth and create 70% of GDP, 68% of EU employment; In Bulgaria, the service sector creates more than 60% of the gross added value and employs over 50% of total employment in the economy.

Page  13 еServices Legislation TRANSPOSITION OF DIRECTIVE 2006/123/EC INTO NATIONAL LEGISLATION Law for Activities to Provide Services (2010); Establishing a Point of Single Contacts (PSCs)- the functions of the contact point in Bulgaria run by the National e-Government Portal / Administrative cooperation and mutual assistance between Member States – Internal Market Information System (IMI) developed by the European Commission.

Page  14 еServices Legislation Law for Activities to Provide Services (2010) SCOPE OF THE LAW COVERED SERVICES Activities of regulated professions; Business Services; Services in tourism and provide recreation; Construction Services; Services in installation and maintenance of equipment; Information Services; Services in training and education; Services related to real estate and rental; Lease Services; Distributive trades; Craft Services; Services for certification and testing; Maintenance of household;

Page  15 еServices Legislation Law for Activities to Provide Services (2010) SCOPE OF THE LAW EXCLUDED SERVICES Non-profit services of general interest Financial Services Taxation Gambling and audiovisual services Services for transport Electronic communications networks and services Services provided by temporary employment agencies Health and social services Activities related to the exercise of official authority Private Security Services Services provided by notaries

Page  16 еServices Legislation Law for Activities to Provide Services CROSS-BORDER SUPPLY OF SERVICES Cases the provision of services where service provider legally established in a Member State A, provides services in Member State B without established in Member State B. Examples: - Company established in Germany, provides consultancy services in one of the construction projects of its clients in Hungary. - Veterinarian established in the Czech Republic, who travels across the border to Slovakia to provide home consultations. - Architect of Italy won the international competition for the contract to design the new office building in Sofia. He exercised his right of freedom to provide services. - Tourist guide found in Romania, accompanying tourist groups visiting Bulgaria.

Page  17 ЕДИННО ЗВЕНО ЗА КОНТАКТ (ЕЗК) еServices Legislation Law for Activities to Provide Services (2010) POINT OF SINGLE CONTACTS (PSCs) Service Provider Competent authorities PSCs

Page  18 еServices Legislation Law for Activities to Provide Services (2010) INFORMATION IN PSCs - Requirements that service providers must meet in order to provide services in a Member State; - Contacts with the competent authorities; - Means and conditions for access to registers and databases; - Available remedies in cases of dispute; - Contact details of associations or organizations other than the competent authorities.

Page  19 еServices Legislation Law for Activities to Provide Services (2010) ADMINISTRATIVE COOPERATION To increase the efficiency of daily cooperation between Member States Internal Market Information Systems (IMI) was developed; IMI is an electronic multilingual information system providing fast, reliable and structured exchange of information between Competent Authorities in Member States which will lead to better enforcement; Access to IMI is provided through a single user interface for the administrations of all 27 Member States.

Page  20 IMI Structure - Bulgaria National Coordinator - NIMIC MTITC Delegated Coordinator - DIMIC Professional Qualification Directive 2005/36/ЕО MEYS Delegated Coordinator - DIMIC Services Directive 2006/123/ЕC MEET CA 1 CA 2 CA n CA 1 CA 2 CA n Users CA – Competent Authority еServices Legislation

Page  21 Spatial Data Legislation Law on Access to Spatial Data (2010) The purpose of this Act is to establish rules for creating an infrastructure for spatial information, providing access to spatial data and service data in the field of environment or activities that may affect the environment by ensuring compatibility and security the exchange of data; The law does not apply to work with paper documents related to the creation of public registers and spatial data on paper; Infrastructure for spatial information includes metadata, spatial data and spatial data services, network services and technologies; sharing agreements, access and use, coordination mechanisms and monitoring;

Page  22 Spatial Data Legislation Law on Access to Spatial Data Authorities that collect and maintain updated spatial data and metadata should provide at least the following services: Discovery services; View services; Download services; Transformation services; Services allowing spatial data services to be invoked; Services to provide metadata.

Page  23 Spatial Data Legislation Law on Access to Spatial Data National Spatial Data Portal The Portal provides access to spatial data, metadata and spatial data services from various sources in a uniform manner; The Portal is built and maintained by the Executive Agency "Electronic communications networks and information systems", the Minister of Transport, Information Technology and Communications; Through the Portal is the link to INSPIRE geo-portal of the European Union.

eGovernment Legal Framework George Valchev MTITC

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