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Electronic Payments, Currency Regulation and Financial Services

27/ 05/ 2022
  The Government has postponed the mandatory use of e-signatures The Cabinet of Ministers of Ukraine adopted amendments to Resolution № 300 on “Some issues of ensuring the smooth operation of the system of electronic trust services” dated March 17, 2022. They envisage the postponement of the mandatory use of e-signatures on a protected medium in Ukraine during the period of martial law and for 6 months from the date of its termination. For the abovementioned period, it is allowed to use e-signatures or seals based on public key certificates issued by qualified providers of electronic trust services without confirmation that the private key is stored in a qualified e-signature or seal, etc. However, this rule does not apply if the electronic transactions are subject to notarization and/or state registration in cases established by law and in cases if there is a high risk to information security, which is determined by the owners of the relevant information and information and communication systems, subject to restrictions, established by the 2nd paragraph of the second part of Article 17 of the Law of Ukraine On electronic trust services. Previously, the European Business Association urges the Government to extend CMU Resolution №193 On the implementation of a pilot project to enable the use of advanced e-signatures and seals based on qualified public key certificates dated March 3, 2020, so that business has enough time to properly refine the processes associated with the use of cloud QES, its testing, as well as informing and educating customers. We are very grateful that the voice of business has been heard!

The Government has postponed the mandatory use of e-signatures

The Cabinet of Ministers of Ukraine adopted amendments to Resolution № 300 on “Some issues of ensuring the smooth operation of the system of electronic trust services” dated March 17, 2022. They envisage the postponement of the mandatory use of e-signatures on a protected medium in Ukraine during the period of martial law and for 6 months from the date of its termination.

For the abovementioned period, it is allowed to use e-signatures or seals based on public key certificates issued by qualified providers of electronic trust services without confirmation that the private key is stored in a qualified e-signature or seal, etc.

However, this rule does not apply if the electronic transactions are subject to notarization and/or state registration in cases established by law and in cases if there is a high risk to information security, which is determined by the owners of the relevant information and information and communication systems, subject to restrictions, established by the 2nd paragraph of the second part of Article 17 of the Law of Ukraine “On electronic trust services”.

Previously, the European Business Association urges the Government to extend CMU Resolution №193 “On the implementation of a pilot project to enable the use of advanced e-signatures and seals based on qualified public key certificates” dated March 3, 2020, so that business has enough time to properly refine the processes associated with the use of cloud QES, its testing, as well as informing and educating customers. We are very grateful that the voice of business has been heard!

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