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December 13, 2000

Official Gazette No. 37,076

LAW ON DATA MESSAGES AND ELECTRONIC SIGNATURES
PRESIDENCY OF THE REPUBLIC
STATEMENT OF MOTIVES DECREE WITH FORCE OF LAW No. 1,204
DATED FEBRUARY 10, 2001,
DATA MESSAGE AND ELECTRONIC SIGNATURES
Venezuela is advancing rapidly towards updating in terms of technologies of
information and communications. In recent years this technological evolution has
revolutionized worldwide the different areas of knowledge and
human activities, fostering the emergence of new ways of working,
learn, communicate and conduct business. At the same time it has helped to erase
borders, reduce time and shorten distances.
The particularity of these information technologies is that they use media
electronic networks and appropriate national and international networks that constitute a
ideal tool to carry out exchanges of all kinds, including commercial to
through the transfer of information from one computer to another without the need for
use documents written on paper, which saves time and money.
The emergence of these forms of interrelation currently has hundreds of
million users worldwide, a factor that will affect all areas of the
human endeavor, among these, in the international economy and in law,
which must be present in these activities in order to protect, through
its rules, the interests of users.
Consequently, the regulation of the modalities is necessary and imminent
basic information exchange by electronic means, from which
New modes of transmission and reception of data must be developed.
information, known and to be known, in order to guarantee a legal framework
minimum essential that allows the various agents involved to develop and
contribute to the advancement of new technologies in Venezuela.
To the above, it should be added that the presentation of a legal instrument that regulates
these information exchange mechanisms, make them legally
transcendent to the administration of justice, and allows them to appreciate and value these
forms of information exchange and support, in order to guarantee the
compliance with the obligations assumed through said mechanisms and constitute
in a necessary and indispensable contribution that allows to build the legal basis for the
development of these technologies.
In this new relationship modality, it is necessary to establish two main elements:
1. Identification of the parties 2. Integrity of the document or message. Of which I know
derive responsibilities (civil, patrimonial, criminal, administrative, disciplinary, fiscal,
etc.), common to the normal acts and businesses provided for in our ordinance
current legal.

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The main objective of this Decree-Law is to adopt a regulatory framework that endorses the
technological developments on communication and business security
electronic, to give full legal value to data messages that make use of
these technologies.
Our current legislation establishes that when an act or contract is in writing,
the private instrument with the autograph signatures of the
subscribers. Within this context, the Decree-Law on Message of Data and Signatures
Electronic, aims to create mechanisms so that the electronic signature, henceforth,
has the same effectiveness and probative value of the written signature, as long as
comply with the minimum requirements established in this Decree-Law.
In general terms, the current legislation does not recognize the use of the media
expressly and in the event of a dispute, the judge or court, will have to
get hold of the means of free evidence and go to a sound criticism to determine that a
operation carried out by electronic means is valid or not. This situation has originated
that companies and individuals feel unsafe to transact by means of
electronic, due to legal uncertainty in case of disputes.
For this reason, it is essential to give probative value to the use of electronic means in the
administrative and judicial processes, without it being left to the discretion of the judge to consider
evidentiary validity, in case of controversy, due to a lack of regulation
express.
Thus we have that among the main provisions contained in the Decree-Law on
Data Messages and Electronic Signatures, there are provisions that regulate:
• The data message.
• The electronic signature.
• Electronic certificates.
• Certification service providers.
As a necessary complement to these provisions, the Superintendency of
Electronic Certification Services, autonomous service with functional autonomy,
financial and management, attached to the Ministry of Science and Technology, whose purpose is
supervise the Certification Service Providers, whether they are public or
private companies, in order to verify that they meet the necessary requirements to offer
an efficient and safe service to users. These Service Providers
Certification once accredited, they will have among their functions to issue a document
containing "verified" information that links a natural or legal person and
confirm your identity, for the purpose that the recipient can unequivocally associate
the electronic signature of the message to an issuer. The Certification Service Provider
gives certainty of the authorship of a data message by issuing the certificate
electronic.
Among the principles that guide the Decree-Law on Data Messages and Signatures
Electronic, we highlight the following:
1) Evidence Effectiveness. In order to provide the necessary legal security for the
application of the Decree-Law, as well as the adequate evidential efficacy to the messages of
data and electronic signatures, in article 4, the value is attributed to them
evidence that the Law establishes for written instruments, which enjoy the

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legal fee and produce full proof between the parties and against third parties according to
his, her nature. Likewise, everything concerning their incorporation into the judicial process
where they intend to assert themselves, it refers to the procedural forms regulated for
the means of free evidence, contained in article 395 of the Code of
Civil Procedure. In this way, the principle of equivalence has been incorporated.
functional, adopted by the majority of the legislations on this matter and the
models that multilateral organizations have developed for adoption by
the countries of the international community in their domestic legislation.
2) Technologically neutral. It does not lean towards a certain technology for
electronic signatures and certificates. It will include existing technologies and those that are
exist.
3) Respect for existing documentary forms. It is important to note that
This Decree-Law does not oblige the use of the electronic signature instead of the
handwritten, but its use is voluntary. Nor is it intended to alter the
remaining forms of the various legal, registry and notarial acts, but rather
proposes that an electronically signed data message is not invalid
legal only by the nature of its support and its signature.
4) Respect for pre-existing electronic signatures. Electronic signatures
used in closed groups where there are already established contractual relationships,
They can be excluded from the scope of the Decree-Law. In this context it must
the contractual freedom of the parties prevail.
5) Granting and legal recognition of Data Messages and
Electronic Signatures. Ensures the granting and legal recognition of the
data messages, electronic signatures and certification services provided by
certification service providers, including mechanisms for
international recognition. Establishes the essential requirements that will be met
such certification service providers, including their liability.
6) Operation of electronic signatures. The Decree-Law seeks to ensure the
proper functioning of electronic signatures, through a legal framework
homogeneous and suitable for the use of these firms in the country and defining a set
of criteria that constitute the foundations of its legal validity.
7) Non-discrimination of the electronically signed data message. Guarantees
the enforceable force, effect or legal validity of an electronic signature that is not
questioned for the sole reason that it is presented in the form of a data message.
8) Contractual freedom. It allows the parties the modality of their transactions, it is
say, whether or not they accept electronic signatures.
9) Responsibility. Liability is excluded as long as the subject can
demonstrate that you have taken the necessary steps under the circumstances. The
Electronic Certification Service Providers may limit your
responsibility, including in the certificates that issue the restrictions,
conditions and limits established for its use.
Another relevant characteristic of this Decree-Laws is the establishment of definitions
of a technological nature that allow an adequate interpretation of its rules, to
thus achieve an optimal application of its provisions.

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As an extremely important element, the Decree-Law makes special mention of the State
In order for it to use the relevant mechanisms provided in it, it is essential that it
take the lead in promoting and using these technologies. The sector
government, like the rest of the agents that participate in educational development,
economic and social, you need to obtain and consolidate information in a secure and
immediate, due to the fact that the national and world reality evolves at an increasingly
faster, so it is necessary to have timely information on the management of
the various government agencies. This will have a decisive impact on the
automation of processes, the quality of public services, in saving
IT and budgetary resources and greater transparency in the management of
state agencies; As a logical consequence of the above, the citizen
will perceive that the actions of the State will be closer to their needs and more
open to your comments.
By virtue of this, it is necessary that "The Electronic Government" be consolidated, which
includes all those activities based on modern technologies of
information, particularly the Internet, that the State will develop to increase the
efficiency of public management, improve the services offered to citizens and
provide government actions with a much more agile and transparent framework than the
current. Through the implementation of electronic government, the Venezuelan citizen or
foreigner has access, from anywhere in the world, to information about the
operation and management of each of the state and governmental entities of the
country, the usefulness of these technologies and of this Decree-law that makes them safer,
increases exponentially day by day.
This legal and technical framework adopted by the country for the development of the electronic signature
It is compatible with the one that already exists in other countries. The application of legal criteria
different from those applied in other countries regarding the legal effects of the signature
electronics and any difference in technical aspects, by virtue of which the
electronic signatures are considered safe, it would be detrimental to the development
future of relationships and especially electronic commerce What is a modality
Mercantile that is growing and encompassing transactions of all kinds worldwide
and, consequently, for the economic growth of the country and its incorporation into the
global markets.
Due to the accelerated evolution of technology, countries with legislation more
recent on the subject, have opted like ours, for simple projects,
technologically neutral and dynamic, in which the great successes are maintained
of previous models (application indistinct to all types of acts and contracts, both in
the public as well as the private sector and the homologation with the documents in
traditional). The adopted mechanism has been the elaboration of legal norms of
general character, which validate and homologate the acts and contracts entered into by these
means, and Containing regulatory provisions for its implementation. With the
main basic elements contained in this Decree-Law provides security and
legal certainty to electronic communications, transactions, acts and businesses That
use the mechanisms provided in it.

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Decree No. 1,204
Caracas, February 10, 2001
HUGO CHÁVEZ FRIAS
PRESIDENT OF THE BOLIVARIAN REPUBLIC OF VENEZUELA
In exercise of the attribution conferred by numeral 8 of article 236 of the
Constitution of the Bolivarian Republic of Venezuela, in accordance with article
1, numeral 5, literal b of the Law that authorizes the President of the Republic to dictate
Decrees with Force of Law in the Matters that are delegated, in the Council of Ministers,
Dictates:
The next
DECREE WITH FORCE OF LAW ON DATA MESSAGES AND SIGNATURES
ELECTRONICS
CHAPTER I
SCOPE OF APPLICATION AND DEFINITIONS
Purpose and applicability of the Decree-Law
Article 1.- The purpose of this Decree-Law is to grant and recognize the effectiveness and
legal value to the Electronic Signature, the Data Message and all information
intelligible in electronic format, regardless of its material support,
attributable to natural or legal persons, public or private, as well as regulating all
Regarding Certification Service Providers and Certificates
Electronic
This Decree-Law will be applicable to Data Messages and Electronic Signatures
regardless of its technological characteristics or developments
technological developments that occur in the future. For this purpose, its rules will be
progressively developed and interpreted, aimed at recognizing the validity and
evidential efficacy of data messages and electronic signatures.
The certification referred to in this Decree-Law does not exclude compliance with
the public registry or authentication formalities that, in accordance with the law,
require certain acts or legal businesses.
Definitions
Article 2.- For the purposes of this Decree-Law, it shall be understood as: Person: All
legally capable subject, whether natural, legal, public, private, national or
foreign, capable of acquiring rights and contracting obligations.
Data messages: All intelligible information in electronic or similar format that
can be stored or exchanged by any means. Issuer: Person who
originates a Data Message by itself, or through authorized third parties.
Electronic Signature: Information created or used by the Signatory, associated with the
Data Message, which allows to attribute its authorship under the context in which it has been
employee. Signatory: It is the person who owns an Electronic Signature or Certificate
Electronic. Recipient: Person to whom the Data Message is addressed.

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Certification Service Provider: Person dedicated to providing
Electronic Certificates and other activities provided for in this Decree-Law.
Accreditation: it is the title granted by the Superintendency of Certification services
Electronics to Certification Service Providers to provide
electronic certificates, once the established requirements and conditions have been met
in this Decree-Law.
Electronic Certificate: Data Message provided by a Provider of
Certification Services that attributes certainty and validity to the Electronic Signature.
Information System: The one used to generate, process or archive
any form of Data Messages.
User: Any person who uses an information system.
Technical disability : It is the temporary or permanent disability of the Provider of
Certification services that prevent guaranteeing the fulfillment of their services, as well
as, comply with the requirements and conditions established in this Decree-Law for the
exercise of their activities.
The regulations of this Decree-Law may adapt the aforementioned definitions
to technological developments that occur in the future. Likewise, you can
establish other definitions that may be necessary for the effective application of this
Decree-Law.

Adaptability of the Decree-Law.
Article 3.- The State shall adopt the necessary measures so that the
public bodies can carry out their functions, using the mechanisms
described in this Decree-Law.

CHAPTER II
OF THE DATA MESSAGES
Evidence Effectiveness
Article 4. - Data Messages will have the same evidentiary efficacy as the law
granted to written documents, without prejudice to the provisions of the first part of the
Article 6 of this Decree-Law. Its promotion, control, contradiction and evacuation
As a means of proof, it will be carried out in accordance with the provisions for free tests in
the Code of Civil Procedure.
The information contained in a Data Message, reproduced in printed format,
will have the same evidentiary efficacy attributed by law to copies or reproductions
photostatic.

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Submission to the Constitution and the law
Article 5.- Data Messages will be subject to the provisions
constitutional and legal rights that guarantee the rights to privacy of
communications and access to personal information.

Compliance with solemnities and formalities
Article 6.- When for certain acts or legal businesses the law requires the
fulfillment of solemnities or formalities, these may be carried out using for
This is done through the mechanisms described in this Decree-Law.
When the law requires an autograph signature for certain acts or legal businesses,
that requirement will be satisfied in relation to a Data Message by having associated
an Electronic Signature.

Data Message Integrity
Article 7.- When the law requires that the information be presented or kept
in its original form, that requirement will be satisfied in relation to a Message from
Data if its integrity has been preserved and when the information contained in said
Data message is available. For these purposes, a Message from
Data remains intact, if it remains unchanged since it was generated, except for some
change in the proper form of the communication, filing or presentation process.

Written proof of the Data Message
Article 8.- When the law requires that the information be in writing, that requirement
will be satisfied in relation to a Data Message, if the information that it
It contains is accessible for further consultation.
When the law requires that certain acts or legal businesses be in writing and their
media must remain accessible, preserved or archived for a period
determined or permanently, these requirements will be satisfied through
the preservation of Data Messages, provided that the following are met
terms:
1. That the information they contain can be consulted later.
2. That they keep the format in which it was generated, filed or received or in some format
that it is demonstrable that it accurately reproduces the information generated or
received.
3. That all data that allows determining the origin and destination of the
Data Message, the date and time it was sent or received.
Any person may use the services of a third party to comply with the
requirements outlined in this article.

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CHAPTER III
OF THE ISSUANCE AND RECEPTION OF DATA MESSAGES
Verification of the issuance of the Data Message
Article 9. The parties may agree on a procedure to establish when the
Data Message actually comes from the Sender. In the absence of agreement between the
parties, it will be understood that a Data Message comes from the Issuer, when it has
been sent by:
1. The Issuer itself.
2. Person authorized to act on behalf of the Issuer with respect to that message.
3. By an Information System programmed by the Issuer, or under its authorization,
to operate automatically.

Timeliness of the issue.
Article 10. - Unless otherwise agreed between the parties, the Data Message will be
shall be deemed issued when the Issuer's information system refers it to the
Addressee.

Rules for determining receipt
Article 11.- Unless otherwise agreed between the Issuer and the Recipient, the
The moment of receipt of a Data Message will be determined in accordance with the
following rules:
1. If the Recipient has designated an information system for the receipt of
Data Messages, the reception will take place when the Data Message enters
to the designated information system.
2. If the Recipient has not designated an information system, the reception will have
place, unless proven otherwise, when entering the Data Message in a system of
information regularly used by the Recipient.

Place of issue and reception
Article 12.- Unless proven otherwise, the Data Message will be deemed issued in
the place where the Issuer has its domicile and by received in the place where the
Recipient have yours.

The acknowledgment of receipt
Article 13.- The Issuer of a Data Message may condition the effects of said
message upon receipt of an acknowledgment issued by the Recipient.
The parties may determine a deadline for receiving the acknowledgment of receipt. The no
receipt of said acknowledgment of receipt within the agreed period, will result in the
have the Data Message as not issued.

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When the parties do not establish a deadline for receipt of the acknowledgment of receipt, the
Data Message will be considered as not issued if the Recipient does not send an acknowledgment of
receipt within twenty-four (24) hours of issuance.
When the Issuer receives the acknowledgment of receipt from the Recipient in accordance with the provisions
In this article, the Data Message will have all its effects.

Mechanisms and methods for acknowledgment of receipt
Article 14.- The parties may agree on the mechanisms and methods for the acknowledgment of
receipt of a Data Message. When the parties have not agreed that for the
acknowledgment of receipt a certain method is used, it will be considered that said requirement
has been fully met by:
1. Any communication from the Recipient, automated or not, that indicates the receipt of the
Data Message.
2. Any act of the Recipient that is sufficient for the purposes of evidencing the
Sender who has received your Data Message.

Offer and acceptance in contracts
Article 15. In the formation of the contracts, the parties may agree that the offer and
acceptance are made through Data Messages.

CHAPTER IV
OF ELECTRONIC SIGNATURES
Validity and effectiveness of the Electronic Signature. Requirements.
Article 16.- The Electronic Signature that allows linking the Signatory with the Message
of Data and attribute the authorship of it, will have the same validity and evidential effectiveness as
the law grants the autograph signature. To this end, unless the parties provide otherwise
thing, the Electronic Signature must fill in the following aspects:
1. Guarantee that the data used for its generation can only be produced once
time, and reasonably ensure their confidentiality.
2. Offer sufficient security that it cannot be falsified with technology
existing at all times.
3. Do not alter the integrity of the Data Message.
For the purposes of this article, the Electronic Signature may form an integral part of the
Data Message, or be unequivocally associated with it; be sent or not in a
same act.

Legal effects. Sana criticizes.
Article 17.- The Electronic Signature that does not comply with the requirements indicated in the
previous article will not have the legal effects attributed to it in the present

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Chapter, however, may constitute an element of assessable conviction according to
to the rules of sound criticism.
The certification
Article 18. The Electronic Signature, duly certified by a Provider of
Certification Services in accordance with the provisions of this Decree-Law,
It will consider that it complies with the requirements indicated in article 16.

Obligations of the signatory
Article 19.- The Signatory of the Electronic Signature will have the following obligations:
1. Act with diligence to avoid the unauthorized use of your Electronic Signature.
2. Notify your Certification Service Provider that your Electronic Signature has
been controlled by unauthorized third parties or improperly used, when
be aware of it.
The Signatory that does not comply with the above-mentioned obligations will be responsible for
the consequences of the unauthorized use of your Electronic Signature.

CHAPTER V
OF THE SUPERINTENDENCY OF ELECTRONIC CERTIFICATION SERVICES
Creation of the Superintendency.
Article 20.- The Superintendency of Electronic Certification Services is created,
as an autonomous service with budgetary, administrative, financial and
management, in matters within its competence, dependent on the Ministry of Science and
Technology.
Purpose of the Superintendency
Article 21.- The Superintendency of Electronic Certification Services has for
object to accredit, supervise and control, in the terms provided in this Decree-Law
and its regulations, to the Public or private Certification Service Providers.

Powers of the Superintendency
Article 22.- The Superintendency of Electronic Certification Services will have the
following competencies:
1. Grant accreditation and the corresponding renewal to Suppliers of
Certification Services once the formalities and requirements of this have been fulfilled
Decree-Law, its regulations and other applicable standards.
2. Revoke or suspend the accreditation granted when the conditions are breached,
requirements and obligations established in this Decree-Law.

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3. Maintain, process, classify, safeguard and guard the Register of the
Public or private Certification Service Providers.
4. Verify that the Certification Service Providers comply with the
requirements contained in this Decree-Law and its regulations.
5. Supervise the activities of the Certification Service Providers
in accordance with this Decree-Law, its regulations and the rules and procedures that
establish the Superintendency in the fulfillment of its functions.
6. Settle, collect and administer the fees established in article 24 of this
Decree-Law.
7. Settle and collect the fines established in this Decree-Law.
8. Manage the resources assigned and those obtained in the performance of
its functions.
9. Coordinate with national or international organizations any aspect
related to the object of this Decree-Law.
10. Inspect and supervise the installation, operation and provision of services
performed by Certification Service Providers.
11. Open, ex officio or at the request of a party, substantiate and decide the procedures
administrative procedures related to alleged infractions of this Decree-Law.
12. Require Certification Service Providers or their users, any
information that it deems necessary and that is related to matters relating to
to the scope of their functions.
13. Act as a mediator in the resolution of conflicts that arise between the
Certificate Service Providers and their users, when requested
by the parties involved, without prejudice to the powers of the body
in charge of the protection, education and defense of the consumer and the user,
in accordance with the law that governs this matter.
14. Select the technical or legal experts that you consider necessary to facilitate the
exercise of their functions.
15. Present an annual report on its management to the Ministry of affiliation.
16. Take the preventive or corrective measures that it deems necessary in accordance with
the provisions of this Decree-Law.
17. Impose the sanctions established in this Decree-Law.
18. Determine the form and scope of the requirements established in articles 31 and
32 of this Decree-Law.
19. Others established by law and regulations.

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Income of the Superintendency
Article 23. They are income of the Superintendency of Certification Services
Electronics:
1. The resources that are assigned in the Budget Law through the Ministry
of Science and Technology.
2. Those from its management in accordance with the provisions of this Law.
3. Any other income allowed by law.

Of the rates
Article 24. The Superintendency of Electronic Certification Services will charge the
following rates:
1. For the accreditation of Certification Service Providers, a fee will be charged
rate of one thousand tax units (1,000 TU).
2. For the renewal of the accreditation of the Certification Service Providers
a rate of five hundred tax units (500 TU) will be charged.
3. Due to the cancellation of the accreditation of the Service Providers of
Certification will be charged a rate of five hundred tax units (500 TU).
4. Due to the authorization granted to the Certification Service Providers
duly accredited in relation to the guarantee of the Electronic Certificates
provided by foreign Certification Service Providers, in accordance with
to what is established in article 44 of this Decree-Law, a fee of
five hundred tax units (500 TU).
The Certification Service Providers constituted by public entities will be
exempt from paying the fees provided in this article.

Control mechanisms
Article 25.- The Internal Comptroller of the Ministry of Science and Technology, will exercise
the functions of control, surveillance and supervision of income, expenses and assets
public on this autonomous service, in accordance with the law that regulates the
matter.

Of supervision
Article 26.- The Superintendency of Electronic Certification Services will supervise
to Certification Service Providers in order to verify that they comply
with the necessary requirements to offer an effective service to its users. To such
Indeed, you may directly or through experts, carry out the inspections and
audits that are necessary to verify that the Service Providers of
Certification meet such requirements.

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Measures to ensure reliability
Article 27.- The Superintendency of Electronic Certification Services may
adopt the preventive or corrective measures necessary to guarantee the
reliability of the services provided by the Service Providers of
Certification. To this end, it may order, among other measures, the use of standards or
internationally accepted practices for the provision of services of
electronic certification, or that the Supplier refrains from carrying out any activity
that jeopardizes the integrity or good use of the service.

Appointment of the Superintendent
Article 28.- The Superintendency of Electronic Certification Services will be at
position of a Superintendent, will be freely designated and removed by the Minister of
Science and Technology.

Requirement to be Superintendent
Article 29.- The Superintendent of Electronic Certification Services must meet
the following requirements:
1. Be Venezuelan.
2. Of recognized technical and professional competence for the exercise of their functions.
It will not be able to be Superintendent, the directive members, agents, commissioners,
administrators or shareholders of companies or institutions subject to the control of the
Superintendence. Neither may he who is related until the
fourth degree of consanguinity or second degree of affinity with natural persons also
subject to the control of the Superintendency.

Powers of the Superintendent
Article 30.- The powers of the Superintendent are:
1. Direct the Autonomous Service Superintendency of Certification Services
Electronics.
2. Sign the acts and documents related to the matters specified in the
Article 22 of this Decree-Law.
3. Manage the resources and income of the Autonomous Service Superintendency of
Electronic Certification Services.
4. Celebrate prior delegation of the Minister of Science and Technology, agreements with
public or private, national and international organizations, derived from the
compliance with the powers that correspond to the Superintendency of
Electronic Certification Services.
5. Prepare the annual budget project, in accordance with the forecasts
corresponding legal regulations.
6. Propose special scales of remuneration for the staff of the
Superintendency, in accordance with the applicable legal provisions.
7. Present the Draft Internal Regulations to the Minister of Science and Technology.

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8. Celebrate prior delegation of the Minister of Science and Technology, contracts for
work and personnel services, as required by the Superintendency of
Electronic Certification for its operation.
9. Prepare annually the report and account of the Superintendency of Services of
Electronic Certification.
10. The others that are assigned by the Minister of Science and Technology.

CHAPTER VI
OF CERTIFICATION SERVICE PROVIDERS

Requirement to be a Supplier
Article 31.- Certification Service Providers may be persons who
meet and maintain the following requirements:
1. Sufficient economic and financial capacity to provide services
authorized as a Certification Service Provider. In the case of organisms
public, they must have a budget of expenses and income that
allow the development of this activity.
2. The capacity and technical elements necessary to provide Certificates
Electronic
3. Guarantee a fast and secure suspension, cancellation and revocation service of
the Electronic Certificates that you provide.
4. An information system of free, permanent, updated and efficient access in
which publishes the policies and procedures applied for the provision of
its services, as well as the Electronic Certificates that it has provided,
revoked, suspended or canceled and the restrictions or limitations applicable to
these.
5. Guarantee that in the issuance of the Electronic Certificates that it provides are used
tools and standards suitable for international uses, which are
protected against alteration or modification, in such a way as to guarantee the
technical security of certification processes.
6. In the case of legal persons, they must be legally constituted of
compliance with the laws of the country of origin.
7. Appropriate technical staff with specialized knowledge in the matter and
experience in the service to be provided.
8. The others indicated in the regulations of this Decree-Law.
Failure to comply with any of the above requirements will lead to the
revocation of the accreditation granted by the Superintendency of Services of
Electronic Certification, without prejudice to the penalties provided for in this Decree-Law.

Of accreditation
Article 32.- The Certification Service Providers will present to the
Superintendency of Electronic Certification Services, together with the corresponding
application, the documents that prove compliance with the requirements indicated in
Article 31. The Superintendency of Electronic Certification Services, prior
verification of such documents, will proceed to receive and process said request and
must rule on the accreditation of the Certification Service Provider,

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within twenty (20) business days following the filing date of the
request.
Once the request of the Certification Service Provider has been approved, it
will present, for the purposes of its accreditation, guarantees that comply with the following
requirements:
1. Be issued by an insurance or banking entity authorized to operate in the
country, in accordance with the provisions that govern the matter.
2. Cover all contractual and non-contractual damages of the signatories and
third parties in good faith derived from malicious, negligent actions or omissions
attributable to the administrators, legal representatives or employees of the
Certification Service Provider.
The Certification Service Provider must keep the guarantee valid here
requested for the validity of your accreditation. Failure to comply with this
requirement will lead to the revocation of the accreditation granted by the
Superintendency of Electronic Certification Services.

Refusal of accreditation
Article 33.- The Superintendency of Electronic Certification Services may
deny the application referred to in the previous article, in case the applicant does not
meets the requirements indicated in this Decree-Law and its regulations.

Activities of Certification Service Providers
Article 34.- The Certification Service Providers will carry out, among others, the
following activities:
1. Provide, revoke or suspend the different types or classes of Certificates
Electronic
2. Offer or facilitate the services of creation of Electronic Signatures.
3. Offer chronological file services of Electronic Signatures certified by
the Certification Service Provider.
4. Offer archiving and preservation services for data messages.
5. Guarantee Electronic Certificates provided by Service Providers
of Foreign Certification.
6. The others established in this Decree-Law or in its regulations.
Electronic Certificates provided by Service Providers of
Certification will guarantee the validity of the Electronic Signatures that certify, and the
ownership that their Signatories have over them.

Obligations of Suppliers
Article 35.- The Certification Service Providers will have the following
obligations:

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1. Adopt the necessary measures to determine the accuracy of the Certificates
Electronic that they provide and the identity of the Signatory.
2. Guarantee the validity, validity and legality of the Electronic Certificate that
provide.
3. Verify the information provided by the Signatory for the issuance of the
Electronic Certificate.
4. Keep in electronic or magnetic media, for your consultation, for ten (10)
years following the expiration of the Electronic Certificates that they provide,
a chronological file with the information related to the referred Certificates
Electronic
5. Guarantee Signatories a means to notify the improper use of their Signatures
Electronic.
6. Inform those interested in their certification services, using a language
understandable on your page on the Internet or in any other global access network
public, the precise terms and conditions for the use of the Electronic Certificate
and, in particular, of any limitation on their liability, as well as the
existing special procedures to resolve any dispute.
7. Guarantee the integrity, availability and accessibility of the information and
documents related to the services you provide. For these purposes,
must maintain a reliable and secure backup of such information.
8. Guarantee the adoption of the necessary measures to avoid the falsification of
Electronic Certificates and Electronic Signatures that they provide.
9. Make the necessary notifications and publications to inform the
signatories and interested persons regarding the expiration, revocation, suspension
or cancellation of the Electronic Certificates that you provide, as well as
any other aspect of relevance to the general public, in relation to
said Electronic Certificates.
10. Notify the Superintendency of Electronic Certification Services when
be aware of any fact that may lead to your Disabling
Technique.
Failure to comply with any of the above requirements will lead to the
suspension of the accreditation granted by the Superintendency of Services of
Electronic Certification, without prejudice to the sanctions established in the present
Decree-Law.

The consideration of the service
Article 36.- The consideration for the services that the Service Providers of
Certification provided, will be subject to the rules of supply and demand.

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Notification of the cessation of activities
Article 37.- When the Certification Service Providers decide to cease in
their activities, they will notify the Superintendency of Certification Services
Electronic, at least thirty (30) days prior to the termination date.
In the case of Technical Disablement, the Certification Service Provider
will immediately notify the Superintendency of Certification Services
Electronics.
Received any of the notifications indicated in this article, the
Superintendency of Electronic Certification Services will issue an act by which the
publicly declare the cessation of activities of the Service Provider of
Certification as a provider of this service, without prejudice to the investigations that
may be carried out in order to determine the causes that led to the cessation of activities
of the Supplier, and the measures that may be necessary to adopt in order to
safeguard the rights of users. In that act, the Superintendency may
order the Supplier to carry out the procedures it deems necessary to make the
public knowledge the cessation of these activities, and to ensure the conservation
of the information that is of interest to its users and the general public.
In any case, the cessation of the activities of a Certification Service Provider
will entail its withdrawal from the registry kept by the Superintendency of
Electronic Certification.

CHAPTER VII
ELECTRONIC CERTIFICATES
Guarantee of the authorship of the Electronic Signature
Article 38. - The Electronic Certificate guarantees the authorship of the Electronic Signature that
thus certifies the integrity of the Data Message. The Electronic Certificate does not
confers the authenticity or public faith that according to the law the officials grant
public to the acts, documents and certifications that with such character subscribe.
Validity of the Electronic Certificate.
Article 39.- The Certification Service Provider and the Signatory, mutually
agreement, they will determine the validity of the Electronic Certificate.

Cancellation
Article 40.- The cancellation of an Electronic Certificate will proceed when the
Signatory requests it to their Certification Service Provider. Said cancellation
does not exempt the Signatory from the obligations contracted during the term of the
Certificate, in accordance with the provisions of this Decree-Law.
The Signatory will be obliged to request the cancellation of the Electronic Certificate
when you become aware of the improper use of your Electronic Signature. If the Signatory
in knowledge of such situation does not request said cancellation, will be responsible for the
damages suffered by third parties in good faith as a result of the use

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of the Electronic Signature certified by means of the corresponding Certificate
Electronic.

Voluntary temporary suspension
Article 41.- The Signatory may request the temporary suspension of the Certificate
Electronic, in which case your Provider must proceed to suspend it for
the time requested by the Signatory.

Suspension or forced revocation
Article 42.- In the contracts entered into by Service Providers of
Certification with its users must be established as grounds for suspension or
revocation of the Electronic Certificate of the Electronic Signature, the following:
1. Is requested by a competent authority in accordance with the law.
2. It is verified that any of the data in the Electronic Certificate provided
by the Certification Service Provider is false.
3. The breach of a principal obligation derived from the contract is proven
entered into between the Certification Service Provider and the Signatory.
4. There is a Technical Bankruptcy of the security system of the Provider of
Certification Services that affect the integrity and reliability of the certificate
content of the Electronic Signature.
Likewise, it will be foreseen in the aforementioned contracts that the Service Providers of
Certification may void the temporary suspension of the Electronic Certificate
of an Electronic Signature when verifying that the causes that originated said
suspension, in which case the corresponding Certification Service Provider
will be in the obligation to immediately enable the Electronic Certificate that
try.
The validity of the Electronic Certificate will cease when the extinction or
absolute incapacity of the Signatory

Content of Electronic Certificates
Article 43.- Electronic Certificates must contain the following information:
1. Identification of the Certification Service Provider that provides the
Electronic Certificate, indicating your address and email address.
2. The identification code assigned to the Certification Service Provider by the
Superintendency of Electronic Certification Services.
3. Identification of the holder of the Electronic Certificate, indicating their address and
electronic address.
4. The start and expiration dates of the validity period of the Certificate
Electronic.

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5. The Electronic Signature of the Signatory.
6. A unique identification serial of the Electronic Certificate.
7. Any information regarding the limitations of use, validity and responsibility
to which the Electronic Certificate is submitted.

Foreign electronic certificates
Article 44.- Electronic Certificates issued by service providers of
foreign certification will have the same validity and legal effectiveness recognized in the
this Decree-Law, provided that such certificates are guaranteed by a
Certification Service Provider, duly accredited in accordance with the provisions
in this Decree-Law, which guarantees, in the same way that it does with its
own certificates, compliance with the requirements, security, validity and validity of the
certificate. Foreign electronic certificates, not guaranteed by a Provider
Certification Services duly accredited in accordance with the provisions of the
this Decree-Law, will lack the legal effects attributed in the
This Chapter, however, may constitute an element of valuable conviction
according to the rules of sound criticism.

CHAPTER VIII
OF THE SANCTIONS
To Certification Service Providers
Article 45.- Certification Service Providers will be sanctioned with
fine of Five Hundred Tax Units (500 TU) to Two Thousand Tax Units
(2,000 UT), when they fail to comply with the obligations imposed by article 35 of the
present Decree-Law.
Certification Service Providers will be sanctioned with a fine of
Five hundred Tax Units (500 TU) to Two Thousand Tax Units (2,000
UT), when they no longer comply with any of the requirements established in article
31 of this Decree-Law.
The sanctions will be imposed in their average term, but they may be increased or
reduced due to existing aggravating or mitigating circumstances.
Aggravating and mitigating circumstances.
Article 46.- Aggravating circumstances are:
1. The recidivism and repetition.
2. The seriousness of the damage caused to the User.
3. The seriousness of the offense.
4. The resistance or reluctance of the offender to clarify the facts.
Extenuating circumstances are:
1. Not having had the intention of causing the imputed act of such seriousness.

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2. Those that are evidenced by the evidence provided by the offender in his defense.
In the process, the degree of guilt will be assessed to aggravate or lessen the penalty.

Prescription of sanctions
Article 47.- The sanctions applied prescribe for the course of three (3) years,
counted from the date of notification to the offender.

Lack of accreditation
Article 48.- They will be sanctioned with a fine of two thousand (2000) to five thousand (5000)
Tax Units (UT), the people who provide the services of Suppliers of
Certification Services provided for in this Decree-Law, without the accreditation of the
Superintendency of Electronic Certification Services, claiming to have it.

Ordinary procedure
Article 49.- For the imposition of the fines provided in the previous articles, the
Superintendency of Electronic Certification Services will apply the procedure
ordinary administrative procedure foreseen in the Organic Law of Administrative Procedures.

CHAPTER X
FINAL PROVISIONS
First. This Decree-Law will enter into force as of its publication in the
Official Gazette of the Bolivarian Republic of Venezuela.
Second. The procedures, procedures and resources against the acts emanating from the
Superintendency of Electronic Certification Services, will be governed by the provisions of
the Organic Law of Administrative Procedures.
Third. Without limitation of others that may be constituted, the State will create a Provider of
Certification services of a public nature, in accordance with the rules of this
Decree-Law. The President of the Republic will determine the form and assignment of this
Certification Service Provider.
Quarter. The Tax and Customs Administration will adopt the necessary measures to
exercise their functions using the mechanisms described in this Decree-Law, as well as
so that taxpayers can comply with their obligations
through these mechanisms.

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