New Law on Electronic Document Enters Into Force in Turkmenistan

BUSINESS TURKMENISTAN
New Law on Electronic Document Enters Into Force in Turkmenistan
The law applies to public authorities and local self-government, other legal entities and individuals.

Law on Electronic Document, Electronic Document Management and Digital Services and its legal significance

The law consists of 58 articles and defines the legal status of electronic documents, electronic document management and digital services, the basic requirements for them, and is also aimed at regulating relations arising in this area.

The law enters into force from the day of its publication (published in the issue of the Türkmenistan newspaper No. 76-77 dated 03/26/2020), thereby the Law of Turkmenistan "On electronic document" dated 12/19/2000 loses its force.

Legislation of Turkmenistan on electronic document

The legislation of Turkmenistan on electronic document, electronic document management and digital services is based on the Constitution of Turkmenistan and consists of the Law of Turkmenistan “On electronic document, electronic document management and digital services” and other regulatory legal acts of Turkmenistan.

Scope of the Law of Turkmenistan “On electronic document, electronic document management and digital services”

The law applies to relations arising from the creation, processing, sending, transmission, receipt, storage, use, protection, updating, search, collection, distribution, blocking and destruction of electronic documents and in connection with digital services.

This law regulates electronic document management and digital services in state and non-state information systems.

The law applies to public authorities and local self-government, other legal entities and individuals.

Electronic Document Structure

  1. An electronic document consists of two integral parts - general and special.
  2. The general part of the electronic document consists of information constituting the content of the document. Information about the addressee refers to the general part.
  3. A special part of an electronic document consists of one or more electronic digital signatures.

Basic requirements for electronic document

1. The electronic document must:

  1. comply with the requirements established by agreements between the subjects of electronic document management, drawn up on the basis of this law and legislative acts in this area;
  2. have the structure provided for in Article 6 of this Law (in accordance with the structure of the electronic document), and contain the details allowing to identify it;
  3. be created and used in a manner and in a form that allows the identification of the author of an electronic document;
  4. be represented (reproduced) in a form understandable to human perception;
  5. be available for its repeated use;
  6. be provided with integrity (uniqueness and authenticity of electronic document);
  7. be protected during the storage period.

2. An electronic document is deemed authentic if:

  1. the document was actually created by the person who is considered its author;
  2. no changes have been made to the document since its preparation in the form of an electronic document, with the exception of changes occurring in the process of demonstration, storage and use of the document.

3. The integrity of the electronic document is established by verifying the electronic digital signature of the signatory.

BT Legal Affairs Department