Law n°83-2000 translated for information purpose - Not to be quoted
Article 40: It is forbidden for users of personal data gathered according to Article 39
of this act to send electronic documents to the certificate owner who clearly refuses to
accept them.
The certificate owner must notify The National Certification Agency of his objection via
a registered letter with notification of delivery.
This notification is considered as a legal presumption that all certificate service
providers or third parties are aware of this objection.
Article 41: Before any processing of personal data, the certificate services provider
must inform the certificate owner, via a special notification, of the procedures he
follows for protecting personal data. Those procedures must allow the certificate owner
to review the content to the date in an automatic and simplified manner.
Those procedures must specify the identity of the processing manager, the nature of
data, the purposes for the processing, the categories and the sites of the processing
and eventually, all information needed to ensure a secured data processing.
Article 42: The certificate owner may, et any time, upon a hand or electronically
signed request, have access to his personal information and update it. The access and
update right covers entering all personal date areas related to the certificate owner.
The certification services provider shall install all necessary technical means to allow
the owner of the certificate to send his signed request for updating or deleting
information in an electronic manner.
Chapter VI: On Infractions and Penalties
Article 43: Infractions to this act are subject to investigation by the judicial police and
sworn agents of the ministry in charge of communication Technologies and of the
National Certification Agency and the agents of Economic Inspection according to the
rules mentioned in Act n: 64 of the year 1991 dated 29 July 1991 related to
competition and pricing and the texts amending and supplementing it.
Article 44: The license is withdrawn from the certification services provider and his
activity is stopped, if he breaches his obligations stipulated in this act or in its
enforcements texts. The National Certification Agency shall carry the withdrawal duty
after hearing the involved provider.
Article 45: In addition to the sanctions stated in Article 44 of this act, each
certification services provider who did not comply with the requisites of the Schedule
of Rules states in Article 12 of this act shall be reprimanded to pay a fine ranging from
1,000 to 10,000 dinars.
Article 46: Anyone who engages in the activity of certification services provider
without prior procuring a license in conformity with Article 11 of this act, shall be
penalized with a jail term ranging two months and three years and to pay a fine
ranging from 1,000 to 10,000 dinars.
Article 47 : Anyone who gives with premeditation false information to a certification
services provider and to all parties he has requested to have confidence in his
signature, shall be penalized with a jail term ranging from six months and two years
and with a fine ranging from 1,000 and 10,000 dinars or with one of the two penalties.
Article 48: Anyone who illegally uses personal encryption elements related to
someone else's signature shall be penalized with a jail term ranging from six months
and two years and a fine ranging from 1,000 to 10,000 dinars or with one of the two
penalties.
Article 49: Anyone who breaches the rules stated in Articles 25, 27 and 29, and in the
second paragraph of Article 31 and in Article 34 and in the first paragraph of Article 35
of this act, shall be penalized with a fine ranging from 500 and 5,000 dinars.
Article 50 : Anyone who exploits the weakness or ignorance of a person in the
context of electronic sales operations by pushing him to agree presently or in the
future in any manner shall be penalized with a fine ranging from 1,000 and 20,000
dinars, and this if it has been proved within the facts of circumstances that this person
is unable to distinguish the dimensions of his contractual commitments or uncovering