ELECTRONIC COMMERCE AND ELECTRONIC SIGNATURE ACT
(ZEPEP-UPB1) (Official consolidated text)
On basis of article 153 of the National Assembly of Slovenia Rules of Procedure the National Assembly of the Republic of Slovenia approved on its session on the 21. of May the Official consolidated text of the Act on electronic commerce and electronic signature comprising the:
- Act on electronic commerce and electronic signature – ZEPEP (Official Journal of RS, no. 57/2000 from 23. 6. 2000),
- Organization and Competence of Ministries Act -ZODPM-C (Official Journal of RS, no. 30/2001 from 26. 4. 2001) and
- Act Amending the Electronic Commerce and Electronic Signature Act – ZEPEP-A (Official Journal of RS, no. 25/2004 from 19. 3. 2004).
No. 043-03/00-2/3
Ljubljana, the 21. of May 2004
ZEPEP
First chapter
GENERAL PROVISIONS
Article 1
(1) This Act governs electronic commerce, which covers commerce in electronic form with the use of information and communications technology and the use of electronic signatures in legal transactions, which also includes electronic commerce in judicial, administrative and other similar procedures, unless otherwise stipulated by law.
(2) Unless otherwise agreed, the provisions of this Act, with the exception of the provisions of Articles 4 and 14, shall not apply to closed systems fully arranged by contracts among a known number of contracting parties.
Article 2
Individual terms used in this Act shall have the following meanings:
1. data in electronic form are data designed, stored, sent, received or exchangeable electronically;
2. electronic message is a series of data sent or received electronically and in particular includes electronic data exchange and electronic mail;
3. electronic signature is a series of data in electronic form that is contained in, added to or logically connected to other data and that is intended for verification of the presence of such data and identification of the signatory;
4. a secure electronic signature is an electronic signature that meets the following requirements:
- that it is linked exclusively to the signatory;
- that it is possible reliably to determine the signatory from it;
- that it is created using means of secure electronic signing under the exclusive control of the signatory;
- that it is linked to the data to which it refers such that all subsequent changes to such data or links thereto are evident;
5. time stamp is an electronically signed declaration by the certification authority confirming the contents of the data to which it refers at the time stated, while a secure time stamp is an electronically signed declaration by the certification authority that meets the conditions from the previous point of this Article;
6. the sender of an electronic message is the person who sent the electronic message or on whose behalf and in accordance with whose wishes the message was sent; the mediator of an electronic message shall not be considered as the sender of such electronic message;
7. the addressee of an electronic message is the person for whom the sender intended the electronic message;
8. the recipient of an electronic message is the person who received the electronic message; the mediator of an electronic message shall not be considered as the recipient of such electronic message;
9. the mediator of an electronic message is a person who sends, receives or stores an electronic message for another person or provides other services relating to an electronic message;
10. signatory is a person who creates an electronic signature, or on whose behalf and in accordance with whose wishes an electronic signature is created;
11. information system is software, hardware, and communications and other equipment that operates independently or in a network and that is intended for the collection, processing, distribution, use and other processing of data in electronic form;
12. data for electronic signing are unique data, such as codes or private encryption keys that a signatory uses to form an electronic signature;
13. means of electronic signing is software or hardware that a signatory uses to form an electronic signature;
14. means of secure electronic signing is means of electronic signing that meets the requirements from Article 37 of this Act;
15. electronic signature verification data are unique data, such as codes or public encryption keys, used for verification of an electronic signature;
16. means of electronic signature verification is software or hardware used to verify an electronic signature;
17. equipment for electronic signing is hardware or software, or specific components thereof, used by a certification authority for services relating to electronic signing or used for the formation or verification of electronic signatures;
18. certificate is a certificate in electronic form that links electronic signature verification data to a specific person (holder of the certificate) and that confirms his or her identity;
19. qualified certificate is a certificate from the previous point that meets the requirements from Article 28 of this Act and that is issued by a certification authority operating in accordance with the requirements from Articles 29 to 36 of this Act;
20. certification authority is a natural person or legal entity that issues certificates or provides other services relating to verification or electronic signatures;
21. Information society service is a service usually provided for remuneration remotely using electronic means at the individual request of the recipient of the service, where:
remotely means that the service is provided without the parties being present simultaneously;
using electronic means means that the service is initially sent to and received at the destination using electronic equipment for the processing (including digital compression) and storage of data, and is sent, transferred and received in full by wire, radio, optical means or other electromagnetic means;
at the individual request of the recipient of the service means that the service is provided by the transfer of data at an individual request.
Information society services include in particular the services of the sale of goods or services, access to data or advertising on the World Wide Web, and services providing access to communications networks, data transfer or storage of the recipient’s data on a communications network. Radio and television broadcasting services are not information society services under this Act;
22. information society service provider is a natural person or legal entity that provides services from the previous point of this Act.
Article 3
Persons may arrange their relations in the creation, sending, receipt, storage or other processing or electronic messages otherwise than as stipulated in this Act if not otherwise specified by individual provisions of this Act or the sense thereof.
