Main legal texts impacting on the development of eGovernment

Last updated: October 2011

eGovernment Legislation

The legislative intent of eGovernment Act

The Government approved by its Resolution No. 657/2010 the legislative intent of eGovernment Act, aiming at establishing the basic principles, upon which electronic public administration will operate. The intent will not replace traditional 'paper' from the official agenda, but it will create a comprehensive electronic alternative. The intent also describes a number of key elements, such as pursuance by proxy, basic registries, eDesk, document conversion, electronic payment of fees, authentication of persons in public administration information systems. The Act is scheduled to come into force in 2012.

Act No. 275/2006 of Coll. on Public Administration Information Systems

The amendment to the Act No. 275/2006 on Public Administration Information Systems came into force on 1 February 2010. This Act provides a framework for eGovernment and namely regulates:

• the rights and obligations of responsible persons in the area of design, operation, use and development of public administration information systems;
• basic conditions to ensure integrity and security of public administration information systems;
• the administration and operation of a central portal for public administration;
• the issuing of data depreciation from public administration information systems and the output from public administration information systems;
• Integrated Service Points (ISPs) for assisted public administration eServices;
• administrative proceedings and penalties for unlawful activity.

Decree No. 312/2010 on standards for information systems of public administration

The decree on standards for information systems of public administration No. 312/2010 of Coll. came into force on 15 July 2010. This decree lays down specific standards for information public administration systems: technical standards related to technical equipment, network infrastructure and software resources; standards of accessibility and functionality of websites relating to the application software by law; standard terminology for electronic services, related to the network infrastructure, and standards for electronic government services, related to data registers, code and application Software.

Decree No. 478/2010 on basic code list of public administration sections and public administration agendas

The decree on basic code list of public administration sections and public administration agendas was approved. Decree No. 478/2010 of Coll. came into force on 1 January 2011. This basic register is managed in the Central Metainformation System of Public Administration (MetaIS).

Freedom of Information Legislation

Act No. 211/2000 on Free Access to Public Information

The Act on Free Access to Information, which came into force on 1 January 2001, defines the term 'public information' and establishes a general principle of free and unlimited access. Under the Act, any person or organisation can request information held by state agencies, municipalities and private organisations that make public decisions. The body has to respond no later than 10 days after receipt of the request and to keep a registry of requests. Costs are limited to reproduction and can be waived. There are a number of exemptions (e.g. for information classified as a state or professional secret, personal information, trade secrets, etc.), which can be withheld. Appeals are made to higher agencies and can be reviewed by a court.

Data Protection/Privacy Legislation

Legislative intent of the Information Security Act

A legislative intent of the Information Security Act was approved by the Government Resolution No. 136/2010. The main purpose is to determine the basic structure and the substantive focus of information security, which ensure a sufficient level of protection throughout the information space in Slovakia. The Act is scheduled to enter into force in 2012.

Act No. 428/2002 on Personal Data Protection

This legislation (3 July 2002) implements the principles set in the EU's Data Protection Directive (95/46/EC). Under this Act, individuals can access and correct personal information held by public and private bodies. The Act is enforced by the Office for Personal Data Protection.

eSignatures Legislation

Act No. 215/2002 on Electronic Signatures

Act No. 214/2008, which entered into force on 1 January 2009, amended Act No. 215/2002 of Coll. on Electronic Signatures. It introduced the obligation:

• to state the date of birth in qualified certificates that are used in eGovernment applications;
• (for every public authority) to announce the address of its Electronic Filing Room to the National Security Authority;
• to provide the accredited certification services for specific bodies (e.g. Ministry of Interior, Ministry of Defence, Ministry of Justice).

eCommerce Legislation

Act No. 22/2004 on Electronic Commerce

The Act on Electronic Commerce, which came into force on 1 February 2004, regulates relationships between information society service providers and recipients that may arise when the communication takes place remotely, or while electronic devices are connected by means of an electronic communication network. These can be based on electronic processing, transmission, storage, search or collection of data including text, sound and picture, supervision over compliance with this Act and also international cooperation in electronic commerce.

eCommunications Legislation

Act No. 610/2003 on Electronic Communications

The Act on Electronic Communications, which entered into force on 1 January 2004, transposes to Slovak Law the EU’s New Regulatory Framework for electronic communications: Directive No. 2002/58/EC on Privacy and Electronic Communication, Authorisation Directive No. 2002/20/EC, Access Directive No. 2002/19/EC, Universal Service Directive No  2002/22/EC and Framework Directive No. 2002/21/EC.

eProcurement Legislation

Act No. 25/2006 on Public Procurement

Act No. 503/2009 of Coll., which entered into force on 1 January 2010, amended the Act No. 25/2006 on Public Procurement. This legislation implements Directive 2007/66/EC of the European Parliament. The amendment primarily gives further details on regulation of review procedures, harmonises the standstill periods applied in the procurement process with the periods laid down in the Directive and regulates the entire supervision process directly in the Public Procurement Act.

Re-use of Public Sector Information (PSI)

Current Status

Slovakia has notified full transposition of Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information (PSI Directive). This legislation was implemented by Act No. 211/2000 of Coll. on Free Access to Public Information.

Other Legislation

Act No. 45/2011 of Coll. on Critical Infrastructure

The Act on Critical Infrastructure No. 45/2011 of Coll. came into force on 1 March 2011. This legislation implements Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection.