Some Questions on The Act No. 300/2008 – E-Government Act

Tomáš Ščerba

Abstract

The paper investigates the legislative context of the creation of the Act No. 300/2008 Coll., on electronic acts and documents authorised conversion which is to come into force as of 1 July 2009. This act, also called as the eGovernment Act, is a landmark case of the technical advance in the field of ICT law in the Czech Republic as the act aims to simplify and speed the complex process of mutual communication between the individuals (natural persons) and/or the legal persons (entities) on one side and the bodies of state authority on the other. The paper provides for information on several new legal instruments, e.g. data inboxes, the information system of the data inboxes, and the documents authorised conversion. Several specific issues regarding these newly instated instruments are observed, e.g., inter alia, the access to the data inboxes, the security of the information system of the data inboxes, technical feasibility of the whole system, distinction for which subjects the new law allows the data inboxes to be created, etc. Furthermore, the article deals with a brief legal comparative study of the Austrian framework which served primarily as inspiration for the Act on eGovernment and which set up corresponding milieu for the Czech act. The article further names several actual problems which the new framework brings to the issue and tries to provide corresponding answers thereto.

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