Law “On electronic digital signature” entered into force in January

On January 14, 2023, the Law of the Republic of Uzbekistan No. 793 of 12.10.2022 "On Electronic Digital Signature" (hereinafter referred to as the "Law"). Thus, the law of the same name, which was previously in force, has lost its validity.¹

Brief description of the Law

Similarly to the previous legislation, the new Law also regulates the main issues related to the acquisition and use of Electronic Digital Signature keys (hereinafter referred to as the "EDS") and the performance of actions using EDS key certificates.

A number of innovations are introduced by the Law as compared to the previous regulation as follows:

1. EDS key registration centers are offering a wider range of activities (hereinafter referred to as the "Centers"). According to the Law, relevant types of activities include:

• creation of public and private EDS keys;
  
• registration and issuance of an EDS key certificate, its suspension, restoration, and termination;
• development and implementation of organizational and technical measures for the proper storage of EDS private keys in "cloud technologies" (was not provided for in the previously applicable Law);
• provision of time stamp services - details confirming the existence of a signed electronic document at the specified time (was not provided for in the previously applicable Law).

The Law provides for the basic requirements for the activities and responsibilities of the Centers, the procedure for their accreditation², re-accreditation, termination, suspension, and renewal of the certificate of accreditation.

2. It is noteworthy that the Law provides for the possibility of storing the EDS keys in the cloud of the Center. However, the use of the keys by their owners should be done using a multi-factor authentication mechanism.

3. The Law provides for the possibility of independently create public and private EDS keys for users and submitting the public key to the Center to obtain the  EDS key certificate. The EDS key certificate is confirmed by the EDS of the Center and entered into the Unified State Register of Electronic Digital Signature Key Certificates of electronic Digital Signature Key Registration Centers.

4. The validity period of the EDS key certificate cannot exceed 24 months from the date of registration of the EDS key certificate. At the same time, this validity period can be extended no more than twice.

5. The EDS key certificate can be owned by a legal entity. According to the previous Law, the EDS key certificates could be owned by a natural person only (including a natural person acting as the representative of a legal entity).

6. If the EDS key is owned by a legal entity, then the head of this legal entity is responsible for the use of the EDS private key.

The head of a legal entity is charged with the following additional duties:

• informing the Center about the reorganization or liquidation of a legal entity;
• handing over the EDS key in case of termination of employment with a legal entity.

The newly appointed head of the legal entity receives the EDS key belonging to the legal entity with the obligation to change the authentication factors when using "cloud technologies".

7. Individuals and legal entities may own several EDS keys. Registration of the certificate of each EDS key is done separately.

8. The Law provides for rules to recognize an electronic document certified with EDS as equivalent to a paper document certified with a legal entity’s seal. It is sufficient to comply with the conditions for recognizing an EDS as an equivalent to a paper-based signature.

9. Consular offices of Uzbekistan, as well as consular departments of diplomatic missions of Uzbekistan may issue a certificate of the EDS key abroad to citizens of Uzbekistan, foreigners and stateless persons.

10. The Law also introduces the status of a Trusted Third Party Service (hereinafter referred to as the "Trusted Party"). The Trusted Party is responsible for verifying that the EDS in electronic documents is owned by the signatory.

11. The person performing the functions of the Trusted Party is appointed by the authorized state body and acts as an information intermediary to ensure guarantees of preservation of inviolability and reliability of electronic documents at a certain point in time, and validates their legal force in the process of interdepartmental and cross- border information interaction.

12. The Cabinet of Ministers of the Republic of Uzbekistan approves the procedure for the Trusted Party activity.

13. Certificates of EDS keys of foreign states are recognized in Uzbekistan in accordance with the procedure established by international treaties, or by confirming authenticity by the Trusted Party.

Authors:

• Dinara Tanasheva
• Nargiz Suleimenova