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Equate the electronic signing of documents with SMS confirmation to the transaction in writing and digital signature
Discussion
In order to increase the convenience and simplicity of signing and exchanging electronic contracts in the Republic of Kazakhstan for individuals and legal entities, as well as within the framework of the implementation of the Decree of the President of the Republic of Kazakhstan "On the de-bureaucratization of the state apparatus", we propose to consider the possibility of amendments and clarifications to the NPA and the relevant legislation on electronic signing of documents and equate electronic signing of documents with SMS confirmation to make a transaction in writing and EDS.
Our company TrustMe has developed the TrustContract service, with the help of which transactions and contracts are signed online with confirmation via SMS with an additional One-time-password code. This method is much more convenient than the traditional EDS. It does not require the installation of special software and is feasible, for example, including on Apple devices.
In 2019, in accordance with the requirements of the Law "On Communications" on the registration of cellular subscriber devices, the database of identification codes (BDIK) was put into operation, in which the registration of subscribers by telecom operators is carried out according to the scheme "IMEI code + SIM card + subscriber's TIN". Which means that this combination fully identifies and confirms the identity of the signatory of the document when entering the SMS confirmation code.
To date, the method of signing by means of a one-time SMS code is actively used by telecom operators, construction companies, as well as banks and microfinance organizations.
On the other hand, in accordance with a number of current regulations and subordinate instructions of the authorities, a significant part of the documents, for example, acts of work performed, invoices, invoices for payment in some cases require signing using EDS.
This significantly narrows the range of documents, the electronic signing of which would be possible in a much more convenient way than an EDS, namely, using SMS confirmation.
In order to increase the convenience of users of electronic signing, reduce the technical complexity of use, as well as expand the range of documents for simple electronic signing, we propose to make additions to:
- Paragraph 3 of Article 152 of the Civil Code of the Republic of Kazakhstan: "The exchange of letters, telegrams, telephone messages, teletypograms, faxes, electronic documents, electronic messages or other documents defining the subjects and the content of their expression of will, as well as confirmation of consent by means of codes, are equated to the transaction in writing, unless otherwise established by law or agreement of the parties transmitted via a short text message to a subscriber number using a cellular subscriber device."
- Clause 12 of Article 1 of the Law of the Republic of Kazakhstan "On electronic document and electronic digital signature":
an electronic document is a document in which information is presented in electronic and digital form and certified by means of an electronic digital signature, confirmation by codes transmitted via a short text message to a subscriber number using a cellular subscriber device, or in another way that determines the subjects of the document and the content of their will;
Paragraphs 3-2 of Article 7 of the Law of the Republic of Kazakhstan "On Accounting and Financial Reporting":
Primary documents on electronic media can be signed by means of an electronic digital signature, codes transmitted via a short text message to a subscriber number using a cellular subscriber device, or in any other way that determines the subjects of the document and the content of their will.
Рекомендуемые_поправки_в_Закон.pdf
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