Law n°83-2000 translated for information purpose - Not to be quoted
Article 6: Any person who uses an electronic signature solution should:
Take the minimum precautions that are laid down in the decree provided for in Article
5 of this act in order to avoid any unauthorized use of the encryption elements or the
personal device associated with his signature,
Inform the certification service provider of any unauthorized use of this signature,
Strive for the authenticity of all information that he provides to the certification service
provider and to all parties he asked to put trust in his signature.
Article 7: In case of infringement to the rules provided for in Article 6 of this act, the
owner of the signature is accountable for the damages caused to third parties.
Chapter III: On the National Certification Authority
Article 8: An administrative financially independent public agency called "the National
Agency for Electronic Certification” is created. It is subject to commercial law in its
relations with others. Its headquarter is in Tunis, TUNISIA.
Article 9: The agency carries specifically the following duties :
1. Licensing the activities of certification services provider allover the
territories of the Republic of Tunisia.
2. Ensuring the certification services provider carries its duties in full respect
of this law and its applicable texts.
3. Defining the specifications of signature establishment and verification
solutions.
4. Issuing, delivering and storing of electronic certificates of public agents
licensed to carry out electronic exchanges. Such duties may be achieved
either directly or via public electronic certification services providers.
5. Participating in the activities of research, training and studiers related to
electronic exchanges and commerce.
In general, the agency may carry any other duties requested by the institution under
which its administrative supervision falls and that it is related to its domain of activity.
The agency is under the aegis of the ministry in charge of this domain of activity.
Article 10: The National Certification Agency may be supported by transferring under
its control, through privatization, fixed or mobile State-owned estates that are
necessary to carry its duties. In case of dissolution of the enterprise, its assets shall be
returned to the State which would be responsible of its obligations according to
regulations in force.
Chapter IV: On Electronic Certification Services
Article 11: Any person or corporate body wishing to engage in the activity of
providing certification services shall be licensed in prior by the National Certification
Agency.
Any person or the legal representative of a corporate body interested in being licensed
to provide electronic certification services must meet the following criteria:
•
To have been a Tunisian citizen for at least five years;
•
To be a resident of Tunisia;
•
Should be enjoying all civil and political rights and has no legal precedent,
•
Should have at least a Bachelor's Degree or its equivalent;
•
To have no other employment activity.
Article 12: Every certification services provider assumes the duties of issuing,
delivering and storing of certificates according to a Schedule or Rules approved by a
decree and according to this act in case of suspension or revoke of certificates.
The Schedules of Rules contains especially:
•
Information on the operating cost of examination and follow-up of files of
applications for certification,
•
Deadlines for completion of examination of files;
•
Physical, financial and human resources that must be provided to engage in
the activity
•
Conditions for securing the interoperability of certification solutions and of
interrelation of certificate records
•
Rules related to information concerning the provider's services and certificates
issued that the certification provider must upkeep