e-Identification and e-Governance

An increasing number of commercial transactions on national and international level are carried out by means of electronic communications and with the absence of any tangible tracks. Questions such as “What is the legal value of electronic documents?”, “Are electronic signatures admissible in court?”, and “Are the legal requirements for ‘in writing’ and ‘signed’ complied with, when electronic documents and electronic signatures have been used?” are raised. Evidently, the need for legal certainty and security is urgent and the response comes from e-Signature legislation on European and international level.

Law and Internet Foundation experts provided the basis for the legal regulation on electronic documents and electronic signatures in Bulgaria. They participated in elaboration of the E-document and E-signature Act (2001) and the secondary legislation on its implementation, as well as its amendments in the following years.

In 2004 the Foundation experts developed a commentary on the Act (“E-document and E-signature. Legal Regime” - 2004) that is still adequate because of its extensive analysis of the legislation while in 2009 the Foundation participated in drafting a wide range of acts and secondary legislation in regard to the implementation of the e-documents and e-signatures in the judicial system. The main purpose of the project is legal regulation of the e-Justice in Bulgaria.

Since 2004 the Law and Internet Foundation experts have taken part in trainings and consultations, related to the provision of electronic administrative services to citizens including re-engineering of working processes, development of internal rules for document flow of electronic and paper documents and introduction of electronic and compound administrative services. As a result, more than 1200 professionals from the state administration and judicial system have been trained on issues related to usage of e-documents and e-signatures and regulation of their activities, while facing the new information reality.

In 2010 Law and Internet Foundation finished the preparation of internal rules for document flow of electronic and paper documents for 12 regional and 74 local administrations that include the following: analysis for establishing the basic institutional nomenclatures; development of standard rules for internal administrative activities and internal rules of 8 administrations; and preparation of instructions for their adaptation to the needs of the specific administration.

Over the years the Foundation experts have also consulted the European Commission on the legal and market issues on e-signatures and have participated in multiple international projects, related to their regulation on supranational level.

The idea of electronic governance (e-Governance) is mainly related to the provision of high quality and compound administrative services to citizens, nevertheless it also includes numerous other opportunities such as the right to vote, access of the citizens to justice by using information and communication technologies, and many other services offered to businesses and individuals by the local authorities.

Law and Internet Foundation is one of the leading Bulgarian organizations in the field. On its own initiative the Foundation has created multiple analyses, statements and policy documents. It has also served to the state by developing written legal consultations, related to the electronic document flow in the administrations, including internal rules for work with electronic documents, keeping of electronic registers and the use of electronic signatures in electronic administrative services, provided to citizens. The Foundation has conducted numerous seminars and specialized trainings of state and municipal authorities on issues related to e-Governance.

In 2006, by assignment of the Ministry of State Administration and Administrative Reform, Law and Internet Foundation developed a Roadmap for e-Government Development in Bulgaria 2006 – 2009 and a Legal Framework of Electronic Governance in Bulgaria.
Law and Internet Foundation experts have managed the work groups, drafting the Electronic Governance Act and the secondary legislation on its implementation (2006 – 2007) and also participated in the development of the legislation after the act came into force.

In 2008 Law and Internet Foundation experts prepared a complete analysis of the existing national e-Governance legislation regarding the implementation of electronic government, including normative acts; an analysis supplemented by a comparison of the existing practices in the implementation of e-Governance in the EU Member States; and proposals for further legislation development and improvements of the existing practices for implementation of the Strategy for E-government.

During the same year Law and Internet Foundation experts elaborated a full analysis and provided consultations to business associations in Bosnia and Herzegovina within the World Bank project on the development of ICT in the country. In the final report the national legislation on e-communications, e-commerce, e-government, information society services, intellectual property, taxation, e-public procurement and e-invoicing have been examined. The report included comprehensive recommendations, serving as a basis for establishing a national ICT strategy.

Again in 2008, Law and Internet Foundation participated in a project for building a network of training centers for local administration employees to the implementation of the Aquis in the area of information society. Law and Internet Foundation experts prepared educational materials, trained a team of lecturers and organized training courses throughout the country.

In November 2008 the Foundation staff organized a national conference "The Road to e-Municipality – the Digital City" under the aegis of Sofia Municipality and with the support of the National association of municipalities in the Republic of Bulgaria. The conference was attended by experts and guests from the leading EU Member States in the field. They discussed the best solutions and practices for a reasonable and adequate implementation of new technologies in the service of citizens.

In the following couple of years Law and Internet Foundation has continued to support regional and local authorities in optimizing their internal processes and integrating electronic administrative services.