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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 01.03.2018.–30.04.2018.
Amendments not included: 12.04.2018., 07.06.2018.

The Saeima1 has adopted and
the President has proclaimed the following Law:

Law on the Official Electronic Address

Chapter I
General Provisions

Section 1. Terms Used in this Law

The following terms are used in this Law:

1) official electronic address - a set of elements (a unique string consisting of digits or digits and letters) enabling the reachability of the addressee in the electronic environment;

2) official electronic address information system - an environment for electronic communication and handling of documents for secure and reliable use by an identifiable user of the official electronic address account;

3) official electronic address account - data depository maintained in the official electronic address information system where the user of the official electronic address account may access electronic communication and electronic documents sent to his or her official electronic address, or communicate and send electronic documents;

4) user of the official electronic address account - a public or legal entity registered in the records of the Enterprise Register (hereinafter - the records), a person unregistered in the records or a natural person who has an activated official electronic address account;

5) person unregistered in the records - a person who has not been registered in the records but who has been registered with the register of taxpayers of the State Revenue Service;

6) public entity - a direct administration authority, a public entity not subordinated to the Cabinet, a derived public person and its institution, a judicial authority, a prosecutor's office, a sworn bailiff, and an insolvency administrator, as well as a private individual to whom a State administration task has been delegated.

Section 2. Purpose of this Law

The purpose of this Law shall be to ensure secure, efficient and high-quality electronic communication and handling of electronic documents between public entities and private individuals.

Section 3. Status and Availability of the Official Electronic Address Information System

The official electronic address information system is a State information system and it is managed by the State Regional Development Agency. Access to the official electronic address information system shall be ensured via the State administration services portal www.latvija.lv and in another way via a software interface.

Section 4. Scope of Application of this Law

(1) This Law shall apply to electronic communication and any handling of electronic documents, using an official electronic address, regardless of its legal effect.

(2) This Law shall not apply to electronic communication and handling of electronic documents between:

1) private individuals;

2) public entities, if it is implemented using any other secure electronic document handling system for communication between such entities.

Section 5. Use of Official Electronic Addresses

(1) The use of an official electronic address shall be mandatory for:

1) a public entity;

2) a legal entity registered in the records;

3) a reserve soldier.

(2) An official electronic address may be used by:

1) a natural person from 14 years of age, registered with the Population Register;

2) a person unregistered in the records.

Chapter II
Creation of an Official Electronic Address and Activation of an Official Electronic Address Account

Section 6. Elements of the Official Electronic Address

The official electronic address shall consist of:

1) for a public entity - the registration number assigned by the Enterprise Register, or, if none has been assigned, the identifier assigned in the official electronic address information system;

2) for a legal entity registered in the records - the registration number assigned by the Enterprise Register;

3) for a person unregistered in the records - the 11-character taxpayer registration code assigned by the State Revenue Service, or, if none has been assigned, the identifier assigned in the official electronic address information system;

4) for a natural person - his or her personal identity number.

Section 7. Creation of an Official Electronic Address and Activation of an Official Electronic Address Account

(1) For the legal entity referred to in Section 5, Paragraph one, Clause 1 or 2 of this Law, the official electronic address is created and the official electronic address account is activated automatically.

(2) The official electronic address of the person referred to in Section 5, Paragraph one, Clause 3 and in Paragraph two of this Law shall be created using qualified means for electronic identification of persons available in the official electronic address information system and by electronically logging in to the State administration services portal www.latvija.lv. Concurrently with the creation of an official electronic address, an official electronic address account is activated for the relevant person.

(3) The Cabinet shall determine the security and technical requirements for the official electronic address information system, the requirements for interfaces and their use, the procedures by which the institutions registering or maintaining information on users of official electronic address accounts shall provide the information necessary for the creation of the official electronic address to the controller of the official electronic address information system, and the volume of this information, as well as the procedures for creating the official electronic address and the activation of the official electronic address account.

Section 8. Catalogue of the Official Electronic Addresses

(1) The catalogue of the official electronic addresses is a component of the official electronic address information system.

(2) Information on the created official electronic addresses shall be included in the catalogue of official electronic addresses.

(3) Information on the deactivated and cancelled official electronic addresses shall be removed from the catalogue of the official electronic addresses.

(4) Information included in the catalogue of official electronic addresses may be accessed:

1) by public entities according to their competence - information on all official electronic addresses;

2) by private individuals - information on the official electronic addresses of State institutions.

(5) The Cabinet shall determine the scope and handling of information to be included in the catalogue of official electronic addresses.

Chapter III
Accessing the Official Electronic Address Account

Section 9. Accessing the Official Electronic Address Account

The user of an official electronic address shall access the official electronic address account, using qualified means for electronic identification of persons available in the official electronic address information system.

Section 10. Transfer of Access Rights

The user of the official electronic address account may specify and update another user having the right to access his or her account, indicating the first name, surname and personal identity number of such user or the official electronic address account and the level of access rights (view or send electronic documents, contact), as well as to revoke the access rights granted to another user.

Section 11. Cancellation of an Official Electronic Address and Deactivation of an Official Electronic Address Account

(1) The manager of the official electronic address information system shall cancel an official electronic address in the following cases:

1) when the fact of death of a natural person has been registered in the Population Register;

2) for a public entity:

a) after completion of its reorganisation or liquidation process, if operation of such institution is terminated,

b) on the basis of a decree of the Minister for Justice regarding dismissal or removal from the office of a sworn bailiff,

c) after annulling the certificate of an insolvency administrator;

3) after removal from the Enterprise Register of a legal entity registered in the records;

4) after termination of operation of a person unregistered in the records.

(2) A user of an official electronic address account who does not have the obligation to use the official electronic address has the right to deactivate the official electronic address account in the official electronic address information system. The user of the official electronic address account also has the right to deactivate the official electronic address account by submitting a corresponding application to the manager of the official electronic address information system.

(3) An official electronic address account in the official electronic address information system shall be deactivated for a natural person for the period of time when the person is in a place of imprisonment, except the natural person who serves the sentence of deprivation of liberty in an open prison.

(4) The Cabinet shall determine the procedures for annulling the official electronic address and deactivating the official electronic address account, as well as for deleting the corresponding information from the catalogue of official electronic addresses.

Chapter IV
Electronic Communication and Sending, Receiving and Storing Electronic Documents

Section 12. Electronic Communication and Sending Electronic Documents

(1) If the official electronic address account has been activated, the public entity and the private individual shall communicate electronically and send an electronic document using the official electronic address.

(2) A public entity may communicate electronically and send an electronic document using a corresponding State information system, concurrently ensuring the availability of the corresponding communication and document in the official electronic address account.

(3) If the institution has received the document in printed form, not electronically, and it needs to be forwarded, Paragraph one of this Section need not be applied.

(4) A document which should be sent to an electronic mail address in accordance with the laws and regulations, shall be sent to the official electronic address, if it has been activated.

(5) The procedures for sending documents in criminal proceedings, civil proceedings, administrative proceedings, administrative violation proceedings and Constitutional Court proceedings provided for in this Law shall apply, insofar as other procedures for sending documents have not been laid down in other laws.

Section 13. Notification Regarding Receipt of Electronic Communication and Electronic Document

(1) The user of an official electronic address account may activate a service in the official electronic address information system using which it will receive receive from the manager of the official electronic address information system an informative notification sent to the communication channels offered in the official electronic address information system regarding receipt of electronic communication or electronic document at the official electronic address.

(2) If the service referred to in Paragraph one of this Section has been activated, after receipt of the communication at the official electronic address, the manager of the official electronic address information system shall immediately send a corresponding notification to the communication channel indicated by the user of the official electronic address account.

Section 14. Storage and Availability of Electronic Communication and Electronic Document

(1) The manager of the official electronic address information system shall ensure the storage and availability of the received and sent electronic communication, electronic documents, and their metadata in the official electronic address account.

(2) The Cabinet shall determine the storage volume and period of electronic communication, electronic documents, and their metadata sent to the official electronic address, as well as the action to be taken by the manager of the official electronic address information system in case the storage volume of the electronic documents and their metadata has been exceeded or the term for their storage has expired.

Chapter V
Obligations and Liability

Section 15. Obligations of the Manager of the Official Electronic Address Information System

The manager of the official electronic address information system has the following obligations:

1) to ensure the creation of the official electronic address in accordance with the procedures laid down in this Law;

2) to use secure information systems and equipment, as well as to use procedures ensuring the delivery of communication to the official electronic address account, the safety and inalterability of electronic communication and electronic document existing in the official electronic address account, as well as the storage of proof of sending and receiving electronic communication and electronic document;

3) to ensure cancellation of the official electronic address and activation or deactivation of the official electronic address in the cases specified in this Law;

4) to always maintain online information in the catalogue of official electronic addresses;

5) to ensure the availability of information and consultative support for the use of the official electronic address account;

6) to inform the user of the official electronic address account regarding changes and interruptions in the availability of the information systems;

7) in case of a dispute, to present the user of the official electronic address account an acknowledgement of the fact and time of sending or receiving electronic communication or electronic document;

8) to ensure the availability of electronic communication and electronic documents existing in the official electronic address account and their storage in accordance with the terms laid down in the laws and regulations;

9) to use information systems that ensure recognition of the recipient and the sender;

10) to verify the right of representation of the legal entities registered in the records according to the information received from the information system of the Enterprise Register;

11) upon developing the solution for the official electronic address, to create open software interfaces in order to ensure the capability to integrate the official electronic address information system with other information systems.

Section 16. Obligations and Liability of the User of the Official Electronic Address Account

(1) The user of the official electronic address account shall be liable for any actions that have been carried out in the official electronic address account using qualified means for electronic identification of persons available in the official electronic address information system.

(2) The Cabinet shall determine the procedures for using the official electronic address information system.

Transitional Provisions

1. For a public entity, except a sworn bailiff and insolvency administrator, as well as for a reserve soldier, the official electronic address account shall be activated by 31 May 2018, and Section 5, Paragraph one of this Law shall apply as of 1 June 2018.

2. For a sworn bailiff, insolvency administrator and courts hearing civil cases, criminal cases, administrative cases, and administrative violation cases, as well as for the Constitutional Court, Section 5, Paragraph one of this Law shall apply as of 1 January 2020.

3. For legal entities registered in the records, the official electronic address account shall be activated from 1 January 2019 to 31 December 2019, and Section 5, Paragraph one of this Law shall apply as of 1 January 2020. A legal entity registered in the records, if it has an activated electronic address account, shall be contacted using electronic means, and an electronic document shall be sent using the official electronic address.

4. For the person referred to in Section 5, Paragraph two of this Law, the official electronic addresses shall be created as of 1 June 2018.

5. The Cabinet shall issue the regulations referred to in Section 7, Paragraph three, Section 8, Paragraph five, Section 11, Paragraph four, Section 14, Paragraph two, and Section 16, Paragraph two of this Law by 1 August 2017.

This Law shall come into force on 1 March 2018.

This Law was adopted by the Saeima on 16 June 2016.

President R. Vējonis

Riga, 1 July 2016

 


1 The Parliament of the Republic of Latvia

Translation © 2017 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Saeima Type: law Adoption: 16.06.2016.Entry into force: 01.03.2018.Theme:  Documents, recordkeeping, data protectionPublication: "Latvijas Vēstnesis", 125 (5697), 01.07.2016. OP number: 2016/125.1
Language:
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